Case Name: Doe v. Castaneda, et al.
Case No.: 16CV291411

After full consideration of the evidence, the separate statements submitted by the parties, and the authorities submitted by each party, the court makes the following rulings:

According to the allegations of the complaint, plaintiff Jane Doe (“Plaintiff”) obtained a part-time job doing clerical work for defendant Alfredo Castaneda Jr.’s (“Alfredo Jr.”) tax preparation business, defendant Five-Star Income Tax Service (“5 Star”), when she was 15 years old and a sophomore in high school. (See complaint, ¶¶ 15-16.) Alfredo Jr. was engaged to be married to Plaintiff’s cousin. (Id.) In March 2013, when Plaintiff was 15, Alfredo Jr. told Plaintiff that he needed her to accompany him to his and his parents’ home to fill out some paperwork. (See complaint, ¶ 19.) Alfredo Jr. brought Plaintiff to his room, and sexually assaulted and raped Plaintiff. (Id.) Alfredo Jr. then sexually assaulted Plaintiff again at other locations in Pleasanton and San Jose. (See complaint, ¶ 21.) Plaintiff was traumatized by Alfredo Jr.’s repeated sexual molestations and became anxious and depressed, and has since been diagnosed with major depression and post-traumatic stress disorder. (See complaint, ¶ 23.) In May 2013, Plaintiff contacted the Pleasanton Police Department, which put her in touch with the San Jose Police Department. (Id.) After an extensive investigation, Alfredo Jr. was arrested and in January 2016, Alfredo pled guilty to two felony counts of statutory rape. (See complaint, ¶ 24.) On February 10, 2016, Plaintiff filed a complaint against Alfredo Jr., 5-Star, and Alfredo Jr.’s parents, Teresa Castaneda (“Teresa”) and Alfredo Castaneda, Sr. (“Alfredo Sr.”) (collectively, “Defendants”), asserting causes of action for:

1) Negligence;
2) False imprisonment;
3) Assault;
4) Battery
5) Sexual battery;
6) Intentional infliction of emotional distress; and,
7) Negligent infliction of emotional distress.

Plaintiff moves for summary adjudication of the second through sixth causes of action of her complaint.

Plaintiff’s burden on summary adjudication

The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact—one sufficient to support the position of the party in question that no more is called for. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) Plaintiffs moving for summary judgment bear the burden of persuasion that each element of the cause of action in question has been proved, and hence that there is no defense thereto. (Cal. Code Civ. Proc. § 437c.) Plaintiffs, who bear the burden of proof at trial by preponderance of evidence, therefore “must present evidence that would require a reasonable trier of fact to find the underlying material fact more likely than not—otherwise he would not be entitled to judgment as a matter of law, but would have to present his evidence to a trier of fact.” (Aguilar, supra, 25 Cal.4th at p.851.)

Plaintiff fails to meet her burden to demonstrate that she is entitled to judgment as she does not present evidence of damages.

Here, Alfredo Jr.’s deposition testimony, presented by Plaintiff, demonstrates that Alfredo Jr. pled guilty to statutory rape of Plaintiff. However, as Alfredo Jr. argues, Plaintiff fails to present evidence of her damages, which is an element for each of her causes of action. (See Smith v. Madruga (1961) 193 Cal.App.2d 543, 547 (stating that “there is no question concerning the other elements of false imprisonment, namely the imprisonment and damage”); see also Fluharty v. Fluharty (1997) 59 Cal.App.4th 484, 497 (stating that “injury, damage, loss or harm to the plaintiff” is an element of the tort of assault or battery); see also Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 497 (stating that “damages for the intentional and unreasonable infliction of mental or emotional distress which results in foreseeable physical injury to plaintiff…. [or] emotional distress alone, without consequent physical injuries” are an element of a cause of action for intentional infliction of emotional distress).) Accordingly, Plaintiff fails to meet her burden to demonstrate that she is entitled to a judgment as a matter of law as to a particular amount of damages. Plaintiff’s motion for summary judgment is DENIED.

The Court shall prepare the Order.