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Monday, October 29, 2012

School District's are not imune from lawsuit for negligent hiring

Recently the California Supreme Court decided in C.A. v. William S. Hart Union High School District (2012) 53 Cal.4th 861.

In this Case the court held that a school district under Section 815.2 of the Government Code could be held liable for negligent hiring and/or supervision which resulted in the plaintiff being sexually harassed and abused by a counselor. Factually, the case involved a high school counselor who harassed and abused a student. The student sued, and the superior court and Court of Appeal held that the school district could not be held vicariously liable for the counselor’s misconduct, which was outside the scope of her employment, and also could not be held liable under a negligent hiring or supervision claim. The Supreme Court unanimously reversed, permitting the plaintiff to move forward with his claim that the district can be held vicariously liable for the negligence of supervisory or administrative personnel who allegedly knew, or should have known, of the counselor’s propensities and nevertheless hired, retained and inadequately supervised her. The court reasoned that because school personnel owe students under their supervision a protective duty of ordinary care, if a supervisory or administrative employee of the district is proven to have breached that duty by negligently exposing the plaintiff to a foreseeable danger of molestation by his guidance counselor, liability may be imposed.

The Government Code does not protect school districts when they negligently hire a employee who harasses and abuses a child.

Contact RAXTER LAW today for a confidential free consultation at (951) 226-5294.

Tuesday, October 23, 2012

Southern California Eminent Domain Law Office

Under the law of eminent domain, municipal, state or federal governmental bodies have the right to take private land for public use. The power of eminent domain is used for public projects such as schools, government buildings, utilities, or transportation systems and highways. Eminent domain laws also give property owners the right to fair compensation and other remedies.

At the Southern California law office of RAXTER LAW, we protect the rights of residential and commercial property owners and displaced commercial tenants or business owners in the Riverside and San Bernardino County area and throughout Southern California.

If you have received notice from the condemnor of a Resolution of Necessity hearing, our office can represent you at that proceeding. If the condemning agency has made an offer to you that you believe is too low, we can help you obtain your own appraisal and negotiate for fair market value.

Did you know that California law requires that the condemning government agency pay the property owner up to $5,000 for their own appraisal?

California Eminent Domain law is set forth in the California Code of Civil Procedure.

Contact RAXTER LAW for a FREE CONSULTATION regarding your eminent domain matter. Give us a call at 951-226-5294. We look forward to speaking with you.