Case Number: VC062605 Hearing Date: June 05, 2014 Dept: SEC

S.O. v. WHITTIER UNION HIGH SCHOOL DIST.
CASE NO.: VC062605
HEARING: 06/05/14

#3
TENTATIVE ORDER

I. Defendant WHITTIER UNION HIGH SCHOOL DISTRICT’s
motion for leave to permit discovery pursuant to Code of Civil
Procedure section 2017.220 is GRANTED.

In their complaint, plaintiff S.O. alleges that Jessica Guzman, an assistant track coach employed by defendant WHITTIER UNION HIGH SCHOOL, sexually harassed and assaulted him. Plaintiff A.O., S.O.’s twin, is alleged to have witnessed the conduct. Plaintiffs assert causes of action for negligent hiring, supervision and training, sexual harassment, general negligence and NIED.
Plaintiff S.O. alleges that he contracted a sexually transmitted disease as a result of the sexual contact with Guzman. Comp., ¶32.

Section 2017.220 permits discovery of a plaintiff’s sexual contact with other individuals where there is good cause, and the matter sought to be discovered is relevant to the subject matter.

Although plaintiff S.O. alleges that he was a virgin prior to the alleged events (Comp., ¶24), there is evidence that he had prior relationships with other females. Escobedo decl., ¶5. Defendant should be able to conduct limited discovery on plaintiff S.O.’s sexual history to determine whether the STD could have been transmitted prior to the acts at issue. See John B. v. Superior Court (2006) 38 Cal.4th 1177. Defendant has no other way to obtain that information. It is hereby permitted to make inquiry at oral deposition, and to propound written discovery as to plaintiff’s sexual history, if any.

II. Defendant WHITTIER UNION HIGH SCHOOL DISTRICT’s motion
for the appointment of a special master is GRANTED.

As noted below, defendant seeks further responses to its requests for production of documents (set two), number 27 which pertains to plaintiff S.O.’s cell phone records during the relevant time period. Plaintiff alleges he communicated with Guzman, in part, through text messaging. Comp., ¶23.

Defendant acknowledges that it is not entitled to the entirety of data contained on plaintiff’s phone. It thus seeks the appointment of a neutral special master to inspect the phone and extract its contents. Pursuant to this order, plaintiff is instructed to make any cell phone he used between February 2012 and May 2012 available, to be analyzed by the electronic discovery firm iDiscover, 2049 Century Park East, Suite 4370, Los Angeles, CA 90067.

Once the contents are extracted, the report must be submitted directly to this Court, which will thereafter determine what of the information is available and will issue an order to that effect.

Defendant has represented that it will pay the full costs for the special master, and it is ordered to do so.

III. Defendant WHITTIER UNION HIGH SCHOOL DISTRICT’s motion
to compel further responses to its requests for production (set two)
and requests for admission (set one) is GRANTED. C.C.P. §§ 2031.310,
2033.290.

Plaintiff S.O. is ORDERED to serve further responses to request for production number 27 ad requests for admissions numbers 67 through 95 (as noticed) no later than June 23, 2014.

The written discovery at issue pertains to plaintiff’s sexual relationships and information in his cellular phone. The objections asserted by counsel are OVERRULED, and further responses ordered.

All three motions are unopposed. The Court notes that plaintiffs’ former attorney’s motion to withdraw as counsel of record was granted on May 19, 2014. It appears plaintiffs are now self-represented.