On June13 the court granted a demurrer as to Jane Doe 1 and 2 in the lawsuit filed against Miramonte High School and Acalanes Union High School District (AUHSD) alleging sexual abuse by a teacher and negligence by the school and district. Jane Doe 3’s case was unaffected.
According to Jessica Dayton, the plaintiffs’ attorney, “This means the case was effectively dismissed, because the court agreed the statute that created the extended statute of limitations was unconstitutional. We obviously disagree with this ruling and will appeal it.”
The plaintiffs filed a motion for reconsideration in the case of Jane Doe 2 and, on September 18, the court reconsidered that dismissal. “We will be able to file a first amended complaint and Jane Doe 2’s case will proceed along with Jane Doe 3,” said Dayton. “We can now also move forward with the appeal of the dismissal of Jane Doe 1. We will challenge the court’s ruling that AB 218 was unconstitutional in its application to allegations of abuse prior to 2009.”
Representatives for Miramonte High School and AUHSD declined to comment on advice of their legal counsel.
Visit http://www.theorindanews.com to read the original article published in the February issue. The Orinda News will continue to provide updates as significant progress occurs.
Kathy Cordova can be reached at cordova@theorindanews.com.
