I. H. vs. Leslie Salcedo, et al

Case Background

I.H., a Minor, through his Guardian Ad Litem, Nancy Castellanos, filed the Sexual Assault lawsuit on September 11, 2019, in the California State, Los Angeles County, Superior Court (Case number: 19STCV32148). Judges Ann H. Park, John A. Torribio, Lee W. Tsao, Margaret Miller Bernal, Olivia Rosales, and Roger Ito presided over the case.

Cause

On March 20, 2019, three male students sexually assaulted I.H., a 16-year-old student at Elizabeth Learning Center in Los Angeles, during gym class. The assault occurred on the bleachers in the gymnasium. Four teachers were present but failed to supervise or intervene. The attackers punched I.H., pulled down his pants, and digitally penetrated his anus for 5-10 minutes while he struggled. After the assault, school administrators failed to properly investigate or discipline the attackers. I.H. reported the incident to the police and underwent a sexual assault exam at the hospital.

Injuries

I.H. suffered physical injuries to his anus consistent with sexual assault, including bleeding that lasted for weeks. He also experienced severe psychological trauma, including post-traumatic stress disorder (PTSD), depression, anxiety, and suicidal ideation. The assault and lack of response from the school led to ongoing bullying and harassment of I.H. by other students.

Damages

As a result of the assault, I.H. incurred economic damages including medical costs for physical treatment and ongoing psychological counseling. He also suffered non-economic damages in the form of pain and suffering, emotional distress, and loss of enjoyment of life.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): I.H., a Minor, by and through his Guardian Aditem, Nancy Castellanos
    • Counsel for Plaintiff: Daniel C. Sharpe, Esq | Kim L. Englin, Esq. | Delaney L. Miller
  • Defendant(s):Berni-Ramos Christine | Garcia Nancy | Gonzalez Jose Luis | Los Angeles Unified School District | Rivera Dean | Salcedo Leslie
    • Counsel for Defendants: John Robert Meehan| Rodolfo Florentino Ruiz | Erin Emiko Uyeshima | Ty Stephen Vanderford

 Claims

The complaint alleged negligent supervision and failure to protect by the Los Angeles Unified School District and individual teachers. It claimed the defendants breached their duty of care to supervise students and prevent foreseeable harm. The complaint also alleged negligent hiring, supervision and retention by LAUSD administrators who failed to properly train and oversee the teachers. The plaintiff sought compensatory damages for economic and non-economic losses.

Defense

The defendants denied all allegations in the complaint and asserted that the plaintiff failed to state sufficient facts to constitute a cause of action. They claimed they had exercised due care in their supervision responsibilities. The defense argued that the plaintiff’s own negligence contributed to or caused the alleged incident and damages. They stated that unforeseeable intentional acts of third parties, not the defendants, caused any damages. The defense also claimed the plaintiff failed to mitigate damages and was estopped from bringing the action due to their conduct.

They asserted various immunities and defenses available to public entities and employees under California law, including discretionary act immunity and lack of liability for criminal acts by third parties. The defendants argued the complaint was barred by the statute of limitations and failure to file a timely government claim. They denied the plaintiff suffered any damages and claimed entitlement to offsets for any collateral source payments. The defense reserved the right to assert additional defenses as more facts became known through discovery.

Jury Verdict

The jury found Dean Saul Rivera negligent, while they did not find other school employees negligent. They determined that I.H.’s injuries and damages were substantially caused by the negligence of one or more school district employees. The jury assigned responsibility as follows: 80% to Angel Arellano, 5% each to Joshua Cardona and Izayah Carrillo, and 10% to Saul Rivera. The jury awarded I.H. $200,000 in non-economic damages, including $150,000 for past losses and $50,000 for future losses in Sexual Assault lawsuit.

Court Documents:

Available Upon Request