FDM Attorneys Win Unanimous Trial Verdict for Montebello Unified School District in Los Angeles

November 4, 2024 – Los Angeles, CA. On November 4, 2024, FDM attorneys Golnar Fozi, Daniel Modafferi and Jeremy Dwork secured a unanimous jury verdict for their client, the Montebello Unified School District. At its core, the case alleged that the District was liable for conduct occurring in what the District deemed a private, personal relationship between its former superintendent and the adult plaintiff. After 9 days of trial, the jury returned a unanimous verdict in favor of the District.

As background, in March 2019, while having dinner in a restaurant, defendant Anthony Martinez met plaintiff Walther Medina, who was working as a singer at the restaurant. Plaintiff was 30 years old at the time. After meeting at the restaurant, plaintiff and Dr. Martinez exchanged messages on Facebook, through which plaintiff asked for help finding a job. Dr. Martinez put plaintiff in contact with a personal friend who hired plaintiff to work in landscaping. Over the course of the next four-and-a-half months, plaintiff and Dr. Martinez developed a close personal relationship. They socialized together, went out for meals, met up for drinks, spent time with each other’s families, and exchanged thousands of text messages. Dr. Martinez bought plaintiff gifts, helped him with personal expenses, and gave him a monthly cash allowance. Dr. Martinez also provided plaintiff information to help him enroll in continuing education courses through Montebello Unified School District, where Dr. Martinez was then employed as Superintendent of Schools. Plaintiff completed three courses at Montebello Community Adult School, between July 1 and August 9, 2019.

On August 20, 2019, plaintiff went to Dr. Martinez’s home, at approximately 9:00 p.m. They planned to take shots of tequila at the house and then go out to dinner. After they drank tequila, however, plaintiff alleged that Dr. Martinez pulled plaintiff’s pants down and momentarily touched plaintiff’s genitals without plaintiff’s consent. Plaintiff called for a ride and left. The following night, again at approximately 9:00 p.m., plaintiff returned to Dr. Martinez’s house to collect his monthly cash allowance. When plaintiff arrived at Dr. Martinez’s front entrance, plaintiff alleged that Dr. Martinez greeted him by grabbing plaintiff’s genitals over his pants. Plaintiff alleged claims for Sexual Battery, Gender Violence, Intentional Infliction of Emotional Distress, and Ralph Act Discrimination against Dr. Martinez. Plaintiff also alleged that Montebello Unified School District was liable for the alleged sexual harassment pursuant to Education Code, section 220, which prohibits discrimination and harassment in an educational institution.

Dr. Martinez testified that he never touched plaintiff’s genitals and that it was plaintiff who exposed himself to Dr. Martinez. Montebello Unified School District argued that, regardless of who initiated the alleged sexual encounters, the relationship between plaintiff and Dr. Martinez was purely personal and had no relationship to Dr. Martinez’ job duties as Superintendent or plaintiff’s role as a student in adult education classes. In fact, the evidence showed neither plaintiff nor Dr. Martinez ever notified Montebello Unified School District of their friendship or of the alleged sexual harassment, until the litigation was initiated.

The jury found that plaintiff did not suffer harassment that deprived him of the right of equal access to educational benefits and opportunities, and therefore, Montebello Unified School District was not liable pursuant to Education Code, section 220. The jury also found that Dr. Martinez did not commit sexual battery against plaintiff, did not use or threaten physical force or violence against plaintiff, and did not engage in outrageous conduct. Therefore, judgment was entered for both defendants.

For more information on how the attorneys at Fozi Dwork & Modafferi, LLP can help you, your business or organization, please do not hesitate to call (760) 444-0039.

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