CHATSWORTH, CA — The parents of a girl who sued a private Chatsworth school — alleging not enough was done to stop a "kissing club" started by other female students who bullied and sexually assaulted their daughter — can move forward for now with their negligence claim, a judge has ruled.
The girl, now 10 years old, is identified only as E.K. and attended Sierra Canyon School. Her parents say in their Chatsworth Superior Court lawsuit that they found out about the other students' alleged misconduct from the parents of another girl who also was being abused.
On Thursday, Judge David B. Gelfound ruled that the parents can proceed with their negligence claim, but will have to shore up their allegations of intentional and negligent infliction of emotional distress. Gelfound dismissed the couple's causes of action for false advertising, fraud and a violation of the Business and Professions Code.
According to the suit, E.K. was repeatedly harassed and bullied by older students and the harassment ranged from name-calling to peeking through the bathroom stall while the girl used the restroom, making her afraid to use the facility.
Near the end of the 2023-2024 school year, two of E.K.'s classmates were caught kissing in the bathroom and recording the act on their phone and it later came to light that many female students gathered inside the bathrooms and took part in a "Kissing Club" made up of girls ages 7 and 8, the suit further alleges.
Two of the older girls pressured, intimidated and bullied the younger ones to join the club, including E.K., the suit states.
This escalation of behavior was a result of the complete lack of supervision that allowed this club to exist for an extended period of time, giving the older girls the opportunity to further their sexual assault of E.K and others," according to the suit brought last Dec. 1.
The school will have another chance to challenge the lawsuit allegations with a motion for summary judgment.
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