Alma W. v. Oakland Unified School District

Opinion

MILLER, J.

This appeal arises out of a tort action seeking damages from respondent, Oakland Unified School District, for an alleged sexual assault by respondent’s employee, A. B., on appellant. Appellant appeals from a judgment entered against her which sustained respondent’s demurrer for failure to state a cause of action against the school district under the doctrine of respondeat superior.

Appellant alleges that on December 2, 1977, she was a student at respondent’s Lazear Elementary School and that A. B. was respondent’s employee. Appellant, an 11 year old, was sexually molested by…