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					                                                              NOTICE OF CLAIM
                                  AGAINST THE MT. DIABLO UNIFIED SCHOOL DISTRICT
                                              (Government Code § 910, 910,2)

1I1CIII2N (Please read carefully)
       Claims related to injury to person or damage to personal property must be presented to the district within six (6) months
       from the date of loss.
       Claims related to any other loss must he presented not later than one (1) year from the date of loss.
       Answer all items fully and to the best of your knowledge and information. Failure to do so may result in your claim being
       found insufficient.
       If more space is needed to provide requested information, please attach additional pages identifying being answered.
       If you have any questions concerning the completion of this form, please contact the Mt. Diablo Unified School District
       General Counsel at (925) 682-8000, ext. 4001.
       Legal advice regarding this claim should be obtained from your own attorney.

TO: Office of General Counsel, Mt. Diablo Unified School District, 1936 Carlotta Drive, Concord, California 94519

  I. Claimant’s Name:2iI            Doe 3 - see attached                                    Daytime Phone:
                                                                                                                     (          )


  2. Date of Birth:                             Home Phone:

  3, Mailing Address          See attached
                                Street Number        Street                                 Apt No,          city                   State       Zip

 4. Date ofLss _2012-2013
                     Woodside Elementary School, among other places,
 5. Location ofLoss:

  6. Description of iocidentlaccident, which caused you to make this claim:          See attached




 7. What specific injury, damages or other losses did you Incur?            See attached,




  B. What amount of money are you seeking to recover?
                                                                    Exceeds $25,000

 9, How was this amount calculated? (Itemize and attach bills, repair estimates, receipts, etc.; if claim is for vehicle damage, obtain and attach two
     (2) repair estimates.)      See attached


10. What is your basis for claiming that the district or district employee (s) are the cause of your injury, damages or loss?
          See attached




                                                                Continued on Reverse Side
                                                                                                                                            ADM 02059 6113
 11. What are the name(s) of the district employee(s) whom you allege caused your injury, damaaes or loss, if known?
       Joseph Andrew Martin ("Martin"), Jennifer Sachs, Michele Batesole, Jenny Cronan, Steven
        Lawrence, Greg Rolen, Gary McHenry, Linda Mayo, Gary EberhartTkAllen, April Treece,
        and potentially other employees or agents of the istrict, whose identities are presentlrrknowri.
12. Name, address and phone number of any witnesses who can substantiate your claim:
      The Claimant and his parents, Martin and his current/former students, the teachers and other
      District employees at Woodside ElementarySchool, various District
                                                                                  Martins sexual abuQ
       and others whose identities are presently unknown.
13. Any additional information that you believe might be helpful to the district in considering this claim:
       See attached




14. All notices and communications with regard to this dana will be directed to the claimant shown in lines I and 2 above unless you complete the
    following to identify to whom further communication should he directed:

    Name     Stan Casper of Casper, Meadows, Schwartz & Cook                            Relationship Attorney
                                                                                                                                zip 94596
    Address 2121 N. California Blvd., Suite 1020, Walnut Creek,                       -_________ State
                        925.947.1147
    Daytime Phone                                                             Home Phone


I/We, the undersigned, declare under penalty of perjury that I/we have read the foregoing claim for damages and
know the contents thereof; that the same is true of my/oufr,pwn knowledge and belief.
                                                                         F
    STAN CASPER                                                                                                          September 19, 2013
             Claimant’s Printed Name                                    ClaimsatSignature                                          DateSgned

                                  (Note: If someone files the claim on behalf of the claimant, the person making the claim
                                                        on behalf of the claimant should sign above.)


              WARNING: THE PRESENTATION FOR ALLOWANCE OR PAYMENT OF A FALSE OR
       FRAUDULENT CLAIM, WITH INTENT TO DEFRAUD, IS A CRIME UNDER CALIFORNIA LAW.
                            1   Stan Casper (SBN 56705)
                                CASPER, MEADOWS, SCHWARTZ & COOK
                            2   A Professional Corporation
                                2121 North California Blvd., Suite 1020
                            3   Walnut Creek, California 94596
                                Telephone:     (925) 947-1147
                            4   Facsimile:     (925) 947-1131

                            5   Attorneys for Claimants

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                       15                   a    5            ’             as
                       16                                                Claimants,
                                                vs.
                       17
                                MOUNT DIABLO UNIFIED SCHOOL
                       18       DISTRICT, JOSEPH ANDREW MARTIN,
                                JENNY CRONAN, MICHELLE
                       19       BATESOLE, JENNIFER SACHS,
                                STEVEN LAWRENCE, GREG ROLEN,
                       20       GARY McHENRY, LINDA MAYO,
                                GARY EBERHART, DICK ALLEN,
                       21       APRIL TREECE, ESTATE OF BILL
                                LEAL and DOES 1 to 100,
                       22
                                                                         Respondents.
                       23

                       24                       This claim for damages is made on behalf of John Does 3 through 9 ("Claimants"),’ former

                       25       students at Woodside Elementary School, and their parents, (1) Guardians and Fathers John Does 3

                        26      through 7 and 9, and (2) Guardians and Mothers Jane Does 3 through 9. The claim is for, among

                        27
                                1
                                 Claimants are aware that a claim on behalf of another minor and his parents has been submitted to the
                        28      District. In that claim, the minor is referred to as "John Doe 1" and his father as "John Doe 2."
 CASPER, MEADOWS,
 SCHWARTZ & COOK                Consequently, Claimants make reference to themselves and their parents beginning with "John Doe 3."
2121 N California Wvd,,
      Sr4te 1020
VVaLrrrrl Creek, CA 94596
  TEL: (925) 947-1147
  FAX (925) 947-1131


                                CLAIM FOR DAMAGES
                          1   other things, damages suffered as a result of childhood sexual abuse. Thus, under California

                          2   Government Code section 905(m), the submission of this claim in not a prerequisite to a civil action;

                          3   however, to provide Mount Diablo Unified School District (the "District") with an opportunity to

                          4   resolve this matter before litigation, this claim for damages is made against the District and its past

                          5   and present employees and officials.

                          6   In     NAMES, ADDRESSES, BIRTHDATES OF CLAIMANTS AND DATES OF ABUSE
                          7                  John Doe 3
                          8                  Guardian and Father John Doe 3
                                             Guardian and Mother Jane Doe 3
                          9                  Address Withheld
                                             Abuse: 2012to2013
                     10                      DOB: 6/6/2002
                                             Identity in Criminal Information, Superior Court Docket Number: 05-131867-4: John
                     11
                                             Doe XI, Counts 109
                     12
                                     2.      John Doe
                     13                      Guardian and Father John Doe 4
                                             Guardian and Mother Jane Doe 4
                     14
                                             Address Withheld
                     15                      Abuse: John Doe 4 is the sibling of John Doe 5. John Doe 4 observed abuse of John
                                                      Doe 5 sometime between 2012 to 2013.
                     16                      DOB: 6/4/2002
                                             Identity in Criminal Information, Superior Court Docket Number: 05-131867-4: John
                     17                      Doe XI, Counts 109
                     18
                                      3.     John Doe 5
                     19                      Guardian and Father John Doe 5
                                             Guardian and Mother Jane Doe 5
                     20                      Address Withheld
                                             Abuse: 2009 to 2013
                     21
                                             DOB: 11/26/1999
                     22                      Identity in Criminal Information, Superior Court Docket Number: 05-131867-4: John
                                             Doe I, Counts 1 through 8
                     23
                                      4.     John Doe
                     24
                                             Guardian and Father John Doe 6
                     25                      Guardian and Mother Jane Doe 6
                                             Abuse: 2009 to 2013
                     26                      DOB: 3/8/2000
                                             Identity in Criminal Information: John Doe XII, Counts 110 through 117
                      27                     Identity in Criminal Information, Superior Court Docket Number: 05-131867-4: John
                      28                     Doe XII, Counts 110 through 117
 CASPER, MEADOWS,
 SCHWARTZ & COOK
2121 N. California Elvd
     Suite 1020
Walnut Creek, CA 94596
 TEL (925) 947-1147
  FAX (925) 947-1131


                               CLAIM FOR DAMAGES                                                                          2
                          1          5.     John Doe 7
                                            Guardian and Father John Doe 7
                          2                 Guardian and Mother Jane Doe 7
                          3                 Abuse: 2012to2013
                                            DOB: 5/27/2002
                          4                 Identity in Criminal Information: John Doe III, Counts 18 through 2’
                                                     in Criminal information, Superior Court Docket Number: 05-131867-4: John
                          5                 Doe III, Counts 18 through 23
                          6
                          7          6.     John Doe 8
                                            Guardian and Mother Jane Doe 8
                          8                 Abuse: 2012 to 2013
                                            DOB: 11/10/2001
                          9                 Identity in Criminal Information, Superior Court Docket Number: 05-131867-4: John
                     10                     Doe VII, Counts 66 through 75

                     11
                                     7.     John Doe 9
                     12                     Guardian and Father John Doe 9
                     13                     Guardian and Mother Jane Doe 9
                                            Abuse: 2009 to 2013
                     14                     DOB: 7/17/2000
                                            Identity in Criminal Information, Superior Court Docket Number: 05-131867-4: John
                     15                     Doe II, Counts 9 through 17
                     16
                                                     (S1AA pill iiii N ill sti: mu ii u iiir
                     17
                              Stan Casper (SBN 56705)
                     18       CASPER, MEADOWS, SCHWARTZ & COOK
                              A Professional Corporation
                     19       2121 North California Blvd., Suite 1020
                     20       Walnut Creek, California 94596
                              Telephone:     (925) 947-1147
                     21       Facsimile:     (925) 947-1131
                     22       [S. llUtltuli -
                     23
                                                      11
                                                      T WA I
                     24
                              Joseph Andrew Martin ("Martin") sexually harassed and abused Claimants and other students, many
                     25                              4th and 5th grade classes. Martin’s victims were all young male students. He
                              of whom were in his
                              enticed these male students to him by using his position of authority and trust, which he gained by
                     26
                              making himself a well-liked teacher. Martin was very popular with students and parents. Parents
                     27       favored Martin because their children performed well in school. Many students found him to be fun.
                              He excessively decorated his classroom such that the decoration violated fire codes, thereby blocking
                      28      visibility into the room so that his harassment and abuse could go on undetected. He would have
 CASPER, MEADOWS,
 SCNWARTZ & COOK              "Magic Mornings," where he turned off the lights, turned on strobe lights and a disco ball, and played
2121 N California BEd.,
     Suite 1020
Walnut Creek, CA 94596
 TEL: (925) 947-1147
  FAX (925) 947-1131


                              CLAIM FOR DAMAGES                                                                        3
                          1   loud music. He played basketball, chess, card games, and computer games with select students.
                              People described him as a Peter Pan, and Principal Jenny Cronan, meaning to compliment Martin,
                          2   referred to him as the Pied Piper, a Freudian slip that was, in fact, all too accurate. According to a
                              number of teachers, Martin lured young male students to him, grooming them for his advances. He
                          3
                              was permitted this access to students despite numerous complaints because, as former Principal
                          4   Michelle Batesole stated as the reason she took no action on a complaint about Martin: "Everyone
                              loves him and his STAR scores are high."
                          5
                              Martin would begin grooming students early on, even before they were in his class. He would look at
                          6
                              pictures of young boys to decide which ones he would invite into his classroom. He would also issue
                          7   special invitations to select male students to visit him after school in his classroom. He would play
                              basketball with them, changing before them in the classroom. He would play games in the classroom
                          8   with them. These boys would arrive after school and knock on the door. Martin would let them in
                              and then close the door, locking it. One night, a teacher who complained about Martin’s
                          9
                              inappropriate conduct, tried to open the door only to find it locked. She also noticed that the boys did
                     10       not leave until about 7 p.m. or 8 p.m.

                     11       When another teacher discussed a complaint about Martin with Martin, Martin predicted how the
                              District would react: "Who are they going to believe, this kid, or teacher of the year’?"
                     12

                     13       In sum, Martin was able to sexually harass and sexually abuse students by making himself fun to
                              children, and by obtaining approval from school administrators through the high performance of his
                     14       students. Even though he made himself popular with students, Claimants were too young to
                              understand his harassment and abuse. However, they did describe how they did not like Martin’s
                     15       harassment and abuse, finding it "creepy" and "weird." They felt intimidated, threatened and
                              coercedeven scaredby Martin at the time of his harassment and abuse, but said nothing because
                     16
                              they did not understand the gravity of his actions or the damage that it was causing. Claimants are
                     17       finding they are having psychological issues arising from what they underwent. As shown through
                              this claim, Martin’s sexual harassment and sexual abuse would never have been possible without the
                     18       assistance of school administrators, members of the Board of Trustees, and the General Counsel, all
                              of whom ignored numerous complaints going as far back as 2005. Martin’s high student scores
                     19
                              apparently trumped the welfare of the students under their care.
                     20
                              Sexual Harassment And Abuse Of Claimants
                     21
                              Claimants, except for John Doe 4, were originally harassed and abused by Martin when he was their
                     22       fourth and/or fifth grade teacher. John Does 5, 6 and 9 were harassed and abused by Martin even
                     23       after they were no longer in his class. Martin invited John Does 5, 6 and 9 to school grounds after
                              school hours to play basketball in the school playground and play games in his classroom. John Doe
                     24       3 was harassed and abused from 2012 to 2013; John Doe 5 was harassed and abused from 2009 to
                              2013; John Doe 6 was harassed and abused from 2009 to 2013; John Doe 7 was harassed and abused
                     25       from 2012 to 2013; John Doe 8 was harassed from 2012 to 2013; and John Doe 9 was harassed and
                     26       abused from 2009 to 2013.

                      27      Martin would sexually harass and sexually abuse Claimants in the classroom during and after school
                              hours while the Claimants were within the custodial care of the District. With regard to his actions
                      28      after school hours, Martin would invite Claimants to visit him in his classroom after school hours,
 CASPER, MEADOWS,
 SCHWARTZ & COOK
2121 N California Wad.,
                              including when they were no longer in his class, at which time he would harass and abuse them. It
     Suite 1020
Walnut Creek, CA 94596
 TEL, (925)947-1147
  FAX (925) 947-1131


                              CLAIM FOR DAMAGES                                                                           4
                            1   was only because Martin held a position of authority and trust, which was reinforced by his use of
                                school grounds, that he was able to perpetrate harassment and abuse upon Claimants during and after
                        2       school hours in his classroom. Claimants did not consent to Martin’s conduct, and were intimidated,
                        3       threatened and/or coerced into submitting to his treatment of them.

                        4       All of the Claimants, with the exception of John Doe 4, were the victims of sexual battery as well as
                                lewd and lascivious conduct with children, including, but not limited to, having Martin repeatedly put
                            5   his hands down Claimants’ shirts, rubbing their bare chests and stomachs, positioning books on their
                                laps so as to sweep their groins and penis’ in the process, and continually coming up from behind
                            6
                                them and giving them long hugs.
                            7

                            8
                                John Doe 4, a fifth grade student of Martin in 2012 and 2013, is the brother of John Doe 5. John Doe
                            9
                                4 observed Martin’s harassment and abuse of John Doe 5 sometime between 2012 and 2013. John
                      10        Doe 4’s observations of the harassment and abuse to John Doe 4 occurred in Martin’s classroom after
                                school hours. These observations of Martin’s outrageous conduct caused John Doe 4 to experience
                      11        severe emotional distress.
                      12        Location Of The Harassment; Premises Liability
                       13
                                Martin was able to perpetrate much of his sexual harassment and sexual abuse, including that which
                       14       was observed by John Doe 4, on school grounds because of a dangerous condition of property on the
                                premises, which were owned, leased and/or controlled by the District. Martin excessively decorated
                       15       his classroom such that visibility through windows, and doors was blocked, preventing other adults
                                from observing Martin’s conduct with students. Moreover, Martin kept the door closed and locked,
                       16
                                preventing access to outside adults. The physical defect of lack of visibility into the classroom and
                       17       lack of access into the classroom combined with Martin’s acts of harassment and abuse to create a
                                dangerous condition of property.
                       18
                                Evidence Of Prior Complaints Regarding Martin’s Abusive Behavior
                       19

                       20       School administrators, Board of Trustee members, and the District’s General Counsel had ample
                                notice of Martin’s sexual misconduct with students. Rather than act on these numerous prior
                       21       complaints from teachers and parents, they "buried" the complaints and did nothing; the mandatory
                                reporting obligations imposed by the Child Abuse and Neglect Reporting Act were ignored, even in
                       22       the face of the District’s own outside investigator’s conclusion that . . ."this report would not be
                       23       honest and its conclusions not fully supported if I did not report the circumstances surrounding these
                                allegations that at least suggest the subject matter of potential child abuse".
                       24
                                Some time, on or about 2005-2006, a fellow teacher of Martin’s discovered Martin and a 12-13 year
                       25       old boy at approximately 6:30 pm in Martin’s classroom behind a closet door. Both had their shoes
                                off. When they came out of the closet, both looked startled by the teacher’s entry and "froze".
                       26
                                Martin had a "deer in the headlights" look on his face and appeared very nervous. The teacher
                       27       complained to Jennifer Sachs. This teacher also complained of inappropriate hugging of young male
                                students, the inappropriate nature of Martin’s male-only, by invitation only, after hours Chess Club
                       28       that targeted Martin’s hand-picked favorite students.
 CASPER, MEADOWS,
 SCHWARTZ & COOK
2121 N. California Blvd.,
      Suite 1020
Wal-t Creek, CA 94596
 TELL (925)947’ 1147
  FAX (925) 947-1131


                                CLAIM FOR DAMAGES                                                                         hi
                           1   Other fellow teachers complained to administrators during this same approximate time frame (2005-
                               2006). One teacher saw Martin walking in an overly intimate fashion with a male student, late in the
                           2   afternoon, off school grounds. The teacher was so troubled she went to her principal (Sachs) to
                           3   complain.

                           4   Yet another teacher expressed her concerns to Principal Sachs that Martin would hold "Magic
                               Mornings" in his classroom where he would turn off all the lights and play loud music. This teacher
                           5   also complained that she would constantly see 12 to 13 year old boys coming to Martin’s classroom
                               after school. The boys were no longer attending Woodside Elementary, but were now at Oak Grove.
                           6
                               The teacher observed them knock on Martin’s classroom door and he would let them in. The
                           7   suspicious teacher would, at times, try to open Martin’s classroom door after the boys were inside but
                               found it locked. It would sometimes be after 8 pm before the boys left.
                           8
                               Another teacher complained that Martin would come to her class and point to pictures of boys in her
                           9
                               class, saying things like "I want him in my class, I want him, I want him." Most of the boys fit a
                      10       profile - he pointed to boys with blonde hair and blue eyes.

                      11       Another teacher complained to the principal that Martin exhibited all of the hallmarks of a child
                               molester. Most disturbing was a conversation that Martin related to this teacher indicating that he
                      12       routinely went to Disneyland several times a year and that he knew "where all the bathrooms and
                      13       exits were."

                      14       As a result of some or all of these complaints, the District investigated Martin by hiring and paying
                               the law firm of Atkinson Andelson, Loya, Ruud & Romo, an outside law firm, in 2006. That report
                      15       concluded as noted above that Martin’s behavior at least suggested that he was engaging in potential
                               child abuse. The District never reported the complaints to the police or any other authority as
                      16
                               required by the Child Abuse or Neglect Reporting Act. Furthermore, the District took no further
                      17       action against Martin. The District did nothing to monitor Martin or advise other teachers or
                               administrators who later became suspicious of Martin, of the prior complaints or the investigation.
                      18
                               The District’s 2006 investigation stated that Martin agreed that he would do things differently to
                      19
                               ameliorate his conduct with students, including keeping his classroom door open, having more than
                      20       one student in the room and putting distance between himself and students. With regard to the police
                               department’s current investigation of Martin in 2013, the police report notes that Martin "did not
                      21       follow through with doing any of these things."
                      22       The District’s 2006 investigation also noted that, going forward, Martin should refrain from activities
                      23       that are not educationally sound such as: 1) closing the door to a classroom when he is alone in a
                               classroom with a student; 2) encouraging only male students to engage in before or after school
                      24       activities; and 3) devising skits between teacher and student that results in physical contact between
                               the two, no matter how innocent. The District failed to enforce any of these restrictions since the
                      25       2006 report.
                      26
                               Even after the District’s 2006 investigation, a parent brought a complaint to the Woodside Principal
                      27       about a letter that Martin sent home with students telling them to wash all their parts including, their
                               private parts before they came to school. Nothing was done in follow-up.
                      28
 CASPER, MEADOWS,
 SCHWARTZ & COOK
2121 N California Blvd.,
     Suite 1020
Walnut Creek, CA 94596
 TEL (925) 947-1147
  FAX (925) 947-1131


                               CLAIM FOR DAMAGES
                            1   The evidence of these prior complaints reveals that the District including district administrators,
                                members of the Board of Trustees and General Counsel, not only failed to report abuse to legal
                            2   authorities in compliance with the Child Abuse and Reporting Act, but also failed to take any
                            3   meaningful investigatory, remedial or other disciplinary action against Martin. Those failing to report
                                include, but are not limited to, Jenny Cronan, Michelle Batesole, Jennifer Sachs, Steven Lawrence,
                            4   Superintendent Gary McHenry, Board of Trustee Members: Linda Mayo, Gary Eberhart, Dick Allen,
                                April Treece, Bill Leal, and General Counsel Greg Rolan,
                            5
                                The Arrest And Criminal Prosecution Of Martin
                            6

                            7   All of the claims herein, first came to light and were discovered on April 25, 2013, when the Concord
                                Police responded to a report that Martin had inappropriately touched John Doe 5. Over the following
                            8   eight weeks, the police conducted an investigation. A criminal complaint was filed. On June 27,
                                2013, Martin was arrested. An Information has now been filed, which charges 125 felony counts
                            9
                                against Martin. Martin is currently in jail in lieu of $10 million bail.
                       10
                                The District Permitted Martin To Confront Claimants After Learning Of His Sexual Crimes
                       11
                                After the parents of John Doe 5 had complained to Principal Jenny Cronan about Martin, Cronan
                       12       informed Martin of the complaint and allowed him to return to his classroom. Martin then had the
                       13       students put their heads down on their desk and asked anyone who believed he had touched him or
                                her inappropriately to raise his or her hand. Martin then approached one student to dissuade him from
                       14       making a complaint. Martin began crying in front of the class. His students, including John Does 3,
                                4, 7 and 8 became extremely frightened and confused by Martin’s actions.
                       15
                                When John Doe S’s parents learned that principal Cronan had permitted Martin to return to the
                       16
                                classroom after their complaint, they complained of Cronan’s conduct to the police based on a
                       17       concern that Cronan was not being sufficiently objective. In fact, John Doe S’s parents’ concerns
                                were well-founded. Cronan had stated outright to the police that she did not believe that Martin had
                       18       engaged in any inappropriate conduct with any students because Martin was like Peter Pan or the Pied
                                Piper to students. After Cronan learned that there had been a complaint concerning Martin’s return to
                       19
                                the classroom, Cronan began to improperly interrogate students to obtain information about what had
                       20       happened in the classroom after Martin returned.

                       21       Liability
                       22       Among other conduct, Martin has engaged in sexual harassment; interference with personal rights by
                       23       threats, intimidation or coercion; sexual battery; lewd and lascivious conduct with children; infliction
                                of emotional distress; and negligence.
                       24
                                Among other conduct, the administrators of Woodside Elementary School (the "School") and the
                       25       District have negligently supervised Claimants such that they were sexually harassed and sexually
                                abused and forced to watch the harassment and abuse of other students, including their relatives.
                       26
                                Moreover, the administrators of the School and the District as well as the members of the Board of
                        27      Trustees and General Counsel, negligently trained, supervised and retained Martin. Furthermore, the
                                administrators of the School and the District negligently trained, supervised and retained school
                        28      administrators who failed to act upon the complaints against Martin. Such negligence included the
 CASPER, MEADOWS,
 SCHWARTZ & COOK                failure to implement and revise School or District policies on the identification and prevention of
2121 N. California Blvd.,
     Suite 1020
Walnut Creek, CA 94596
 TEL (925) 947-1147
  FAX (925) 947-1131


                                CLAIM FOR DAMAGES                                                                            7
                            I   sexual harassment and abuse, the failure to take any corrective action on said complaints and the
                                failure to create a safe environment for students such as Claimants. The School and the District are
                            2   liable for a dangerous condition of property. The School and the District engaged in negligence per
                                se when they failed to report as required under the Child Abuse and Neglect Reporting Act.
                            3

                            4   Further, the School and the District are vicariously liable for their administrators’ negligent
                                supervision of Claimants and negligent training, supervision and retention of Martin and other
                            5   administrators, as well as his sexual harassment and sexual abuse of Claimants and the interferences
                                with the personal rights by threats, intimidation or coercion of Claimants.
                            6

                            7   I I.     I] DI[ 1 14 W(I]itI] J k!IIi U I aivi 1 )7    VUi aFI

                            8    As a direct and proximate result of the negligent, careless, reckless and intentional conduct of Martin
                                 and the administrators of the School and the District, Claimants have suffered and continue to suffer
                            9
                                 from severe physical and psychological injuries, including economic and non-economic injuries. As
                       10        a further direct and proximate result of the negligent, careless, reckless and intentional conduct of
                                 Martin and the administrators of the School and the District, Claimants’ parents have incurred
                       11        medical and other expenses. Martin and the administrators of the School and the District, as well as
                                 members of the Board of Trustees, and General Counsel, who initiated, paid for and reviewed the
                       12        2006 Report without fulfilling their duties to report to the authorities are subject to exemplary
                       13        damages.

                       14       I.        WA I       I LWU11 k[I Ihilli UI *VkI 1 )7L VIi’J1E

                       15        Joseph Andrew Martin, Jenny Cronan, Michelle Batesole, Jennifer Sachs, Steven Lawrence, Greg
                                 Rolen, Gary McHenry, Linda Mayo, Gary Eberhart, Dick Allen, April Treece, Estate of Bill Leal, and
                       16
                                 potentially other employees or agents of the District and/or Woodside Elementary School, whose
                       17        identities are presently unknown to claimant and are named herein as DOES 1 through 100.

                       18

                       19        The damages of Claimants and their parents is in excess of $25,000.

                       20

                       21        DATED: September 19, 2013             Respectfully Submitted,

                       22

                       23

                       24
                                                                        Sta<h Casper
                                                                        CASPER, MEADOWS, Sc WARTZ & COOK
                       25                                               Attorney for Claimants

                       26

                       27

                       28
 CASPER, MEADOWS,
 SCHWARTZ & COOK
2121 N.            Blvd.,
     suite 1020
        California
waluut Creek, CA 94596
 TEL: (925) 947-1147
  FAX (925) 947-1131


                                  CLAIM FOR DAMAGES                                                                         [$J
                                                                  PROOF OF SERVICE
                      II
                                I am employed in the County of Contra Costa, State of California. I am over eighteen (18)
                         years of age and not a party to the above-entitled action. My business address is 2121 North
                      3’ California Blvd., Suite 1020, Walnut Creek, CA 94596. On the date below, I served the following
                         documents in the manner indicated on the below-named parties and/or counsel of record:
                      4
                                                   NOTICE OF CLAIM AND ATTACHMENT TO CLAIM
                      5                        AGAINST THE MOUNT DIABLO UNIFIED SCHOOL DISTRICT

                      6    II.    U.S. MAIL.      On the date indicated below, I placed a true and correct copy of the
                                  aforementioned documents in a sealed envelope, individually addressed to each of the
                      7           parties listed below, with First Class postage fully prepaid. I am readily familiar with this
                                  firm’s practice for collecting and processing documents for mailing. On the same day that
                      8           correspondence is placed for collection and mailing, it is deposited in the ordinary course of
                                  business with the United States Postal Service in a sealed envelope with postage fully
                      9           prepaid.
                    10     Ii     FACSIMILE TRANSMISSION from (925) 947-1131 during normal business hours, complete and
                                  without error on the date indicated below, as evidenced by the report issued by the
                                  transmitting facsimile machine.
                    11
                           U      OVERNIGHT DELIVERY. On the date indicated below, I placed a true and correct copy of the
                                  aforementioned documents in a sealed envelope and/or package designated by Federal
                    12
                                  Express Standard Overnight, individually addressed to each of the parties indicated on the
                                  attached Service List, with fees fully prepaid, and caused each such envelope and/or
                    13
                                  package to be deposited for pick-up on the same day by an authorized representative of
                                  Federal Express at Walnut Creek, California, in the ordinary course of business.
                    14
                           U       ELECTRONICALLY. On the date indicated below, I electronically served the aforementioned
                     15           document(s) addressed to each of the parties at the email addresses designated below.
                                   Hand-Delivery Via Courier
                     16
                             Office of the General Counsel
                     17      Mount Diablo Unified School District
                             1936 Carlotta Drive
                     18      Concord, CA 94519
                     19

                    20
                                   I declare under penalty of perjury under the laws of the State of California that the
                    21      foregoing is true and correct.

                    22

                     23
                            Dated: September 19, 2013                         k
                                                                              f
                                                                                      , "’,
                                                                                          ,     X",
                                                                                      _________________
                                                                                        Josie Hoag      (I

                     24

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CASPER, MEADOWS,
 SCHWARTZ & COOK
2121 N California Blvd.,
      Su,te 1020
Valnut Creek, CA 94596
 TEL (925) 947-1147
  FAX (925) 947-1131

				
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