what attorney sued cvusd

by Prof. Darren Kessler 8 min read

Taylor & Ring is representing two women (“Jane Doe 1” and “Jane Doe 2”) in civil claims against Palm Springs (PSUSD) and Coachella Valley Unified School Districts (CVUSD), alleging a failure to protect students who were sexually abused by bus drive Jose Luis Moncada.May 17, 2021

Why did Doe 1 and Doe 2 file a lawsuit?

They have filed the lawsuit because the schools failed in their roles as mandated reporters, as neither school reported the abuse to law enforcement. This failure to report allowed Moncada to secure a job with a different bus company; it also allowed him to continue sexually abusing children.

Can school bus drivers be held liable for a student's abuse?

But the school districts can still be held liable if their students are abused by the bus driver, because they owe a duty of care to protect their students. As Gilbert explained, “How does that get you [the school] off the hook? [The driver’s] an agent for you if he’s transporting students for you. He was responsible for getting students safely to and from school.”

Why did two former students file a lawsuit against Coachella Valley and Palm Springs Unified School Districts?

Two former students have filed a lawsuit against the Coachella Valley and Palm Springs Unified school districts over allegedly having prior knowledge of sexual abuse claims against a school bus driver who was later arrested for molesting students.

Who is the bus driver in CVUSD?

The bus driver, Jose Luis Moncada, 65, was arrested in the parking lot of CVUSD's Transportation Department on February 28, 2020 following accusations of molesting three girls under 14 years old while on the job a decade ago.

How old was Moncada when he was charged?

Moncada was later charged with eight counts of committing lewd acts with a child under 14 years old, along with sentence-enhancing allegations of multiple victims. John Hall, spokesperson for the district attorney's office, said Moncada could face a life sentence if convicted because the crimes allegedly involved multiple victims.

What are the damages for the Moncada plantiffs?

The two plantiffs are seeking damages for sexual abuse of a minor, fraud (Intentional Misrepresentation), negligent hiring, supervision and retention of an unfit employee, and failure to report child abuse, and other charges. Moncada is currently out on bail with an ankle monitor.

Did PSUSD conduct a background check on Moncada?

The suit alleges that either PSUSD failed to disclose Moncada's misconduct and instead gave him a favorable recommendation to "rid itself of a problematic employee" or CVUSD did not conduct a proper background and reference check on him by contacting PSUSD before hiring him.

Did the school district inform law enforcement of the Moncada bus incident?

Court documents show that the parents reported the inappropriate touching to the school's principal and CVUSD, however, the district did not inform law enforcement, and instead simply changed Moncada's bus route.

Who is the executive director of Conejo Schools Foundation?

Goldberg has been the Executive Director of Conejo Schools Foundation (CSF) since 2007. As a result of having this role, district leadership has allowed her to occupy a free office at the CVUSD district headquarters for years (at taxpayer expense). Therefore, she has a co-worker relationship with members of the district office staff, in addition to her role as a school board trustee. It is unclear if after her election, she still occupies her taxpayer funded CVUSD office space.

Does CVUSD have proper governance?

CVUSD deserves proper governance. This trustee and the rest of the board majority have some decisions to make. The board should investigate these conflicts of interest and hold Mrs. Goldberg accountable if any unethical and/or potentially illegal behavior is happening.

How old is the plaintiff in the Van Duyne case?

The plaintiff is now 30 years old. Her suit named as defendants the district and former teacher Jason Van Duyne, alleging sexual abuse of a minor, intentional infliction of emotional distress, sexual harassment and negligence.

Did Van Duyne have sex after he left CVUSD?

After he left the CVUSD, he continued having sex with the plaintiff, then 17, the suit alleged. Van Duyne showed up uninvited at her prom and high school graduation in 2010, and their relationship continued after she enrolled at UC Santa Barbara, the suit alleged.

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