Latest News

California Supreme Court Denies Review in AB 218 Sexual Misconduct Case Against School District

Published on: November 1, 2024 | By Cerri, Boskovich & Allard, LLP

The California Supreme Court has declined to review a case involving revived sexual assault claims against public entities, with Justice Joshua Groban casting the lone dissenting vote. The case in question is West Contra Costa Unified School District v. Superior Court, which stems from allegations of sexual assault by a high school counselor between 1979 and 1983.

AB 218 provided a three-year window for plaintiffs to bring childhood sexual assault claims against public entities, even if these claims would otherwise be barred by statutes of limitations or claim presentation requirements. The First District Court of Appeal, Division Five, rejected constitutional challenges to this 2019 legislation.

The West Contra Costa Unified School District argued that AB 218 violated the California Constitution’s provision prohibiting the Legislature from making “any gift” to an individual.

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Lawsuit Filed Against Kumon After Unsupervised Child Critically Injured

Published on: October 31, 2024 | By Cerri, Boskovich & Allard, LLP

The parents of seven-year-old Bastian Michel, severely injured after wandering away unsupervised from a Kumon Math & Reading Center in San Jose’s Willow Glen neighborhood, are filing a lawsuit against Kumon North America and Systematic Learnings Inc., which operates the Kumon Math & Reading Center of Willow Glen. The lawsuit accuses the defendants of negligent supervision, leading to Bastian being struck by a vehicle and almost losing his life. The driver involved in the accident is also named in the lawsuit.

The suit alleges that Systematic, as a Kumon franchise, was required to adhere to Kumon’s guidelines on the safety and supervision of children. However, it claims that Kumon’s safety standards were inadequate for a business frequently handling child drop-off and pickup.

“Kumon should have recognized the dangers associated with children leaving various franchises, including risks of vehicle-pedestrian collisions,” said the family’s attorney Mark Boskovich.

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Former Valley Christian High School Employee Faces Federal Charges for Child Exploitation and Pornography

Published on: October 24, 2024 | By Cerri, Boskovich & Allard, LLP

Former Valley Christian High School employee Todd Baldwin is facing federal charges for allegedly soliciting and distributing explicit images of minors. These charges arose from a San Jose Police investigation initiated in August 2023, during which Baldwin was arrested. He confessed to receiving pornographic images from several boys in exchange for money. Due to the severity and federal implications of the crimes, which involved child exploitation and the online distribution of child pornography, the case was escalated to federal authorities, resulting in FBI involvement.

Assistant U.S. Attorney Marissa Harris has filed two counts of “enticement of a minor” against Baldwin. These charges are based on testimonies from two minors and supporting online evidence. FBI Special Agent Colleen Dettling outlined the allegations in the federal complaint, stating that Baldwin allegedly offered a 17-year-old former teaching assistant a job in return for explicit images and videos, intending to sell them on Reddit and share the profits. Investigators found evidence supporting these claims, including records of financial transactions.

Additionally, a second minor, aged 16 and attending Live Oak High School, reportedly sent explicit images to Baldwin in exchange for payment. During an interview with police in August 2023, Baldwin admitted to receiving explicit images from multiple minors.

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Delphi Academy Faces Lawsuit Over Alleged Sexual Abuse and Cover-Up

Published on: October 22, 2024 | By Cerri, Boskovich & Allard, LLP

Lawsuit Claims Inadequate Protection Against Alleged Abuse by Ex-Athletic Director and Coach

Delphi Academy, a private school in Los Angeles, is facing a lawsuit filed by the law firm of Cerri, Boskovich & Allard on behalf of a former student who allegedly suffered sexual abuse at the hands of Randolph Clifford Jackson, the school’s former basketball coach and Athletic Director. The lawsuit, filed on October 18, 2024, in Los Angeles County, alleges a disturbing pattern of abuse and institutional negligence.

The lawsuit claims that John Doe, the former student, was repeatedly sexually molested by Jackson during the 2011-2012 school year. Jackson allegedly exploited his position to isolate Doe, providing car rides and assigning him as an athletic department assistant. The abuse occurred on school grounds, including the Athletics office, sports shed, and boys’ restroom.

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Lawsuit Filed Against Norwalk-La Mirada Unified School District Alleging Failure to Supervise Teacher

Published on: October 22, 2024 | By Cerri, Boskovich & Allard, LLP

Lawsuit alleges that the District failed to supervise a John Glenn teacher after it was alerted to inappropriate red-flag behavior

The law firm of Cerri, Boskovich & Allard has filed a lawsuit against the Norwalk-La Mirada Unified School District in Los Angeles County Superior Court. The lawsuit alleges that the district failed to adequately supervise a John Glenn High School teacher, which led to the alleged sexual assault of a student.

The plaintiff, referred to as Jane Doe, claims that the teacher, Raymond Niemann, exploited his position of authority to groom her for sexual advances beginning in 2008. The alleged abuse continued for nearly two years.

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Sexual Abuse Lawsuit Filed Against Gridley Unified School District

Published on: October 15, 2024 | By Cerri, Boskovich & Allard, LLP

District failed to protect eighth-grade student from abuse by former teacher Michelle Solis

Butte County — October 10, 2024 — A lawsuit was filed late yesterday (Butte County Superior Court) against the Gridley Unified School District on behalf of a former middle school student who was sexually abused by his teacher, Michelle Solis, at Sycamore Junior High School during the 2020-2021 academic year. Solis confessed to the sexual activity with the eighth-grade male student and in June of this year was sentenced to four years in state prison.

The lawsuit filed by the San Jose law firm of Cerri, Boskovich & Allard along with the Carrillo Law Firm from South Pasadena alleges that the school district failed to supervise Solis and to protect the student, named as John Doe in the lawsuit, from predators like Solis.

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What Parents Need to Know about Educator Sexual Abuse as a New School Year Begins

Published on: August 22, 2024 | By Cerri, Boskovich & Allard, LLP

As students head back to school, the San Jose law firm of Cerri, Boskovich & Allard is reminding parents about the dangers of sexual abuse by educators and urging parents and school officials to be aware of teachers who exhibit predatory “red flag” behavior, which almost always precedes the sexual abuse of a student.

Sexual predators signal their intent to sexually abuse a student by slowly crossing the boundaries established to protect students. The reality is that predators are not caught abusing children, but they can be caught breaking rules and crossing boundaries if parents and educators know what to look for.

According to Professor Charol Shakeshaft, an internationally recognized researcher, 4.5 million students or nearly 1 out of every ten kids are subjected to educator sexual misconduct. The sexual misconduct ranges from inappropriate conduct to criminal sexual behavior.

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Team USA Olympic Swimmers Compete in Safer Environment

Published on: August 1, 2024 | By Cerri, Boskovich & Allard, LLP

USA Swimming Olympians now compete in a much safer environment thanks to 15 years of increased awareness and efforts to prevent sexual abuse and a commitment to change a culture that valued medals over athlete safety.

Fifteen years ago, the arrest of swim coach Andy King for sexually abusing a 14-year-old girl he coached in San Jose marked a turning point. The survivor, represented by attorney Robert Allard of Cerri, Boskovich & Allard, catalyzed a movement that has significantly improved safety in USA Swimming.

“USA Swimming and Olympic sports would not be safer without the courage of Jane Doe coming forward in 2010 and publicly sharing her story with the national news media,” Allard says. ” This revelation prompted other athletes to speak out, leading to the imprisonment of top coaches and a comprehensive overhaul of USA Swimming.”

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Christopher High School Student Stabbing Under Investigation

Published on: May 23, 2024 | By Cerri, Boskovich & Allard, LLP

The law firm of Cerri, Boskovich & Allard is investigating the stabbing of a Christopher High School student in Gilroy. An arrest was made of a Christopher High School student for allegedly stabbing another student in the school’s locker room.

Gilroy Police responded to the incident around noon, discovering that a fight between two boys had escalated, resulting in one boy stabbing the other with a knife. The initial investigation confirmed the altercation between the two male students led to the stabbing.

School staff and a School Resource Officer on campus quickly intervened. The injured student was transported to a local hospital for treatment, though the extent of his injuries has not been disclosed.

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Jury Returns $9 Million Sexual Assault Verdict Against USTA

Published on: May 15, 2024 | By Cerri, Boskovich & Allard, LLP

The United States Tennis Association (USTA) has been ordered by a jury to pay $9 million in damages to tennis player Kylie McKenzie after a court determined that the organization failed to prevent her from being sexually assaulted by her coach.

Kylie McKenzie, a 25-year-old American tennis player, initiated her lawsuit in March 2022 in the US District Court in Orlando, Florida. She filed against both the USTA and USTA Player Development Incorporated, alleging that her former coach, Anibal Aranda, employed by the organization at the time, had committed sexual assault and battery against her.

Accusations also included the USTA’s gross negligence in employing and inadequately supervising Coach Aranda, despite his known history of sexual predation, which the lawsuit contended constituted a conscious disregard or indifference to McKenzie’s life, safety, or rights.

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