OMLO partner Tania Ochoa recently notched an important appellate victory on behalf of the Los Angeles Unified School District (LAUSD) when the Second District Court of Appeal granted a Writ Petition concerning the trial court’s denial of LAUSD’s Motion for Summary Judgment in a sexual assault matter.
On November 13th, 2025, the trial court denied LAUSD’s Motion for Summary Judgment in Stoval v. LAUSD, a decision now successfully appealed by OMLO. The Court of Appeal has ordered the trial court to vacate its order denying the motion for summary judgment and enter a new order granting the motion on the grounds that Plaintiff’s evidence of actual notice is inadmissible hearsay and the evidence of constructive notice is speculative.
This decision by the Second District Court of Appeal is a significant step towards clarifying constructive notice in AB218 cases, as Plaintiffs argued that the occurrence of sexual abuse acts against other victims, student knowledge of inappropriate behavior, or students being allowed in the classroom during non-instructional hours imputes constructive notice. In the appeal, OMLO argued that most of the evidence involved speculation as it related to notice and could not meet the “should have known” standard. The Court of Appeal’s ruling essentially prevents Plaintiff’s argument.
The Court of Appeal has given the trial court the opportunity to show cause before the court as to why such an order should not be issued or to provide notice of its intent to comply. The trial, which was set for April 2026, has been stayed until further order of the appellate court.