From O.A. v. Devita, decided June 25 by L.A. Superior Court Judge Dean Kitchens, but just recently posted to Westlaw:
The following summary is derived from the allegations in Plaintiff's complaint. Plaintiff is a high school boy with a disability who had a long-standing friendship with Defendant's son, M.S., another boy with a disability. Plaintiff is diagnosed with rare and serious genetic conditions causing neurocognitive delays. He also has a language disorder, anxiety, and specific learning disabilities…. Plaintiff has known M.S. for seven years and have been in many of the same special education classes. They also were a part of the same soccer league.
On October 10, 2022, Plaintiff went to M.S.'s home for a playdate allegedly supervised by Defendant and M.S.'s stepfather …. On November 4, 2022, the boys had another playdate allegedly supervised by Defendant. On May 12, 2023, M.S. reported to his teacher that Plaintiff had pressured him to do "sexual things." Plaintiff was suspended after the report pending an investigation.
During the initial investigation, Defendant allegedly posted several negative statements about Plaintiff on her Twitter account which were recognized by other members of the community. Defendant also allegedly called the coach of the boys' soccer league and stated that Plaintiff had sexually assaulted M.S. After calling the coach, Plaintiff alleges that Defendant approached them at a softball game and stated that Plaintiff had pulled a knife on M.S. and been physically and verbally abusive since grade school. Plaintiff also alleges that Defendant used the soccer league's member list to call other parents and warn them about him.
Plaintiff alleges that Defendant also called the director of Beyond Karate, where Plaintiff has been a participant, and told her that Plaintiff had assaulted M.S. She also allegedly communicated with other participants of the program, stating that Plaintiff had raped M.S. She also allegedly circulated a link containing documents related to her request for a restraining order against Plaintiff.
On June 16, 2023, the school concluded its investigation and determined that the actions between Plaintiff and M.S. were not forced. Defendant instituted separate proceedings that effectively expelled Plaintiff from high school for multiple months.
