Shirk v. Vista Unified Sch. Dist. 4/5/05 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D043697

Case Date: 06/22/2005

Preview:Filed 4/5/05

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

LINDA SHIRK, Plaintiff and Appellant, v. VISTA UNIFIED SCHOOL DISTRICT, Defendant and Respondent.

D043697

(Super. Ct. No. GIC818294)

APPEAL from a judgment of the Superior Court of San Diego County, S. Charles Wickersham, Judge. Reversed with directions.

Ronquillo & Corrales, and Manuel Corrales, Jr. for Plaintiff and Appellant. Stutz, Artiano, Shinoff & Holtz, William C. Pate, Daniel R. Shinoff, Jeffery A. Morris and Paul V. Carelli for Defendant and Respondent.

In this negligence action against the Vista Unified School District (District), plaintiff Linda Shirk alleges that years ago, as a teenage high school student, she was molested by a teacher then employed by the District, and that the District knew or must

have known of the alleged molestation at the time but failed to stop it, causing her psychological injury that was only recently discovered. (Code Civ. Proc.,1

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