London v. Walnut Valley Unified Sch. Dist.
| Decision Date | 04 September 2018 |
| Docket Number | B279569 |
| Parties | ANDREA LONDON, individually, and as guardian ad litem for minor children, VANESSA LONDON and EMANUEL LONDON, Plaintiffs and Appellants, v. WALNUT VALLEY UNIFIED SCHOOL DISTRICT et al., Defendants and Respondents. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. BC619378)
APPEAL from a judgment of the Superior Court of Los Angeles County, Gail Ruderman Feuer, Judge. Affirmed.
Andrea London, in pro. per.; and Corey Evan Parker for Plaintiffs and Appellants.
Barber & Bauermeister, Linda Bauermeister-Schlott and Robert Kostrenich for Defendants and Respondents.
____________________ This case arises out of an incident occurring on September 15, 2015 at Chaparral Middle School, operated by defendant Walnut Valley Unified School District (District). Plaintiff Andrea London's (London) minor daughter, Vanessa London (Vanessa), was called out of class by a counselor, defendant Christina Aquino (Aquino). Aquino detained Vanessa in her office while questioning her about a missing Spanish placement exam.
The trial court sustained a demurrer without leave to amend as to parties and causes of action not set forth in the claim it deemed London and Vanessa had presented to the District. It then granted judgment on the pleadings as to the remaining parties and causes of action on the ground Aquino's actions were justified and not tortious.
On appeal, London and Vanessa challenge both of these rulings on various grounds. We conclude the trial court did not err and affirm the judgment.
London filed this action individually and as guardian ad litem for her minor children, Vanessa and Emanuel London (Emanuel) on May 4, 2016. She named as defendants the District, Aquino, and numerous other individuals employed by the District. In her verified first amended complaint, she alleged causes of action for false imprisonment, civil harassment, conspiracy, failure to prevent discrimination and harassment, negligent and intentional infliction of emotional distress, breach of mandatory duty, violation of equal protection, abuse of process,and vicarious liability. She also alleged,
Defendants filed a demurrer on July 8, 2016. Among the grounds for the demurrer were that the plaintiffs failed to comply with the claim presentation provisions of the Government Claims Act (Gov. Code, § 900 et seq.) and the complaint included individuals and facts outside the scope of the claim (id., § 910).
The claim, attached as an exhibit to the demurrer, identified London as the claimant and stated: "In concert with the principal & assistant principal, the counselor used the immunity rights alloted [sic] to her and abused her power by unlawfully restraining, assault/battery, interrogating Vanessa London." It identified the school employee involved as Aquino and the injury/damage-causing action as abuse of power. It identified the injuries or damages suffered as "[m]ental stress, Andrea London & Vanessa London have been Dx. with ASD." Under estimated amount of prospective injury, the claim stated, "Vanessa & Emanuel London have missed more than a month of school now."
Also attached to the demurrer was the District's January 26, 2016 notice that London's claim was formally rejected on January 20. Defendants requested that the court take judicial notice of the claim and notice of rejection.
At the same time they filed their demurrer, defendants filed a motion to strike the portions of the first amended complaint seeking punitive damages and prejudgment interest.
London filed opposition to the demurrer and motion to strike. With respect to the claim form, she attempted to explain why she did not include all issues and defendants on the form.
At the August 4, 2016 hearing on the motion to strike portions of the complaint, the trial court granted defendants' request for judicial notice; granted their motion to strike the request for prejudgment interest; granted the motion to strike the request for punitive damages as to the District and some of the individual defendants; and denied the motion to strike as to Aquino and other individual defendants. The court also granted London leave to amend to state a claim for punitive damages as to the remaining defendants. (No such amendment was ever filed.)
With respect to the demurrer, the trial court noted that the parties had not complied with the new procedural rules requiring that parties meet and confer before filing a demurrer. The court therefore continued the hearing so the parties could do so.
As the parties were unable to come to an agreement, the trial court ruled on the demurrer on September 1, 2016. The court noted that "[t]he only factual basis London raised in her Government Claim was the incident involving Aquino and Vanessa London occurring on September 15, 2015 . . . and asserted in the First Cause of Action" for false imprisonment. That cause of action named Aquino only, and defendants had not demurred to that cause of action. The court found London's explanations as to why she did not include all defendants and issues in the claim form did not excuse compliance with the claim presentation requirements of the Government Claims Act. It then turned to the individual causes of action "to determine to what extent[each] is properly based on the facts alleged in the Government Claim."
The court ultimately overruled the demurrer as to London and Vanessa's first cause of action for false imprisonment against Aquino, and their fifth and sixth causes of action for negligent and intentional infliction of emotional distress against Aquino and the District. It sustained the demurrer as to Emanuel, all other defendants, and all other causes of action. It denied leave to amend, in that London "cannot amend her complaint to cure the defects cause[d] by her failure to include any factual allegations other than the September 15, 2015 incident in her Government Claim."
The District and Aquino then filed their answer to the first amended complaint.
As to the causes of action remaining following the rulings described above, London and Vanessa alleged that from August 17 through September 15, 2015, Vanessa was not allowed into an Introductory Spanish class, although there was space in the class. London called and visited Chaparral Middle School a number of times to try to rectify the matter, but she was unsuccessful.
On September 14,
On September 15, Vanessa was in her history class and was about to give a presentation when Aquino called her out of class. Vanessa did not want to leave, but her teacher insisted that she do so. When Vanessa went to Aquino's office, Aquino locked the door behind her, stood between Vanessa and the door, and told Vanessa to take a seat. Aquino moved close to Vanessa and began to question her about the Spanish exam. London had previously told Vanessa to call her if she felt threatened at school. Vanessa asked to call London, but Aquino refused to allow her to do so. When Vanessa attempted to stand, Aquino forced her back down into her chair. Vanessa became frightened and started to panic. She then admitted guilt in the face of Aquino's accusations, believing it was the only way she would be allowed out of the office.
Aquino called London and asked where the Spanish exam was. London responded that it was with the District's Director of Student Services. London heard the sound of crying and asked Aquino where Vanessa was. Aquino said she was in her office. Aquino asked London why the exam was taken to the District office, and London demanded to speak to Vanessa. When Vanessa came to the phone, London asked if she was all right. Vanessa said, "no," explaining that Aquino refused to allow her to leave the office and return to class. London instructed Vanessa to return to class. She then spoke to Aquino and demanded that she allow Vanessa to return to class. Aquino opened the door to her office, but as Vanessa attempted to leave Aquino ordered her to sit down. London demanded that Aquino allow Vanessa to return to class. Aquino yelled at Vanessa, "Stay right outside that door." During this incident, Aquino invaded Vanessa's "personal space" in a threatening manner.
The District and Aquino alleged that Chaparral Middle School allows seventh grade students to submit their elective preferences for eighth grade at the end of the school year using a "web-based Google form." For students who do not submit their preferences, the school determines elective placement based on availability.
Vanessa failed to submit her preferences using the web-based form. Therefore, she was placed in a choir elective. Vanessa was absent from school for a week and a day beginning in August. While she was absent, the school had scheduled a meeting with her regarding a change in classes from choir to Spanish which she and her mother...
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