B.
ROBERT ALLARD (#175592)
1 LAUREN A. CERRI (#282524)
MARK J. BOSKOVICH (#298688)
2 CERRI BOSKOVICH & ALLARD LLP
96 NORTH THIRD STREET, SUITE 620
3 SAN JOSE, CALIFORNIA 95112
4 (408) 289-1417
Fax: (408) 289-8127
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Attorneys for Plaintiff
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
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10 JANE DOE, Case No.
11 Plaintiff, COMPLAINT FOR DAMAGES
12 vs. (1) Sexual Assault of a Minor
(2) Negligent Hiring, Supervision
13 CAMPBELL UNION HIGH SCHOOL and/or Retention of Shawn Thomas
DISTRICT, SHAWN THOMAS, and DOES 1 by District Employees [Government
14 through 30, inclusive, Code §815.2]
(3) Negligent Supervision of Plaintiff by
15 Defendants. District Employees [Government
Code §815.2]
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Plaintiff JANE DOE herein alleges:
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COMMON ALLEGATIONS
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1. Plaintiff JANE DOE [Born in 1988], a California resident, brings this action under
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a pseudonym due to the unusually sensitive nature of the childhood sexual assault allegations in
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this complaint.
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2. Defendant CAMPBELL UNION HIGH SCHOOL DISTRICT [“DISTRICT”] is a
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public entity, a school district in the County of Santa Clara, charged with the duty to implement
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various programs and procedures for the safe education of students entrusted to its care, including
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students attending Leigh High School [“LHS”]. Pursuant to Government Code §905(m) and (p)
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and 935(f), Plaintiff is exempted from complying with the Government Claims Act requirements.
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1
COMPLAINT FOR DAMAGES
1 3. Defendant SHAWN THOMAS [“THOMAS”], a California resident, was at all
2 relevant times employed by DISTRICT as a teacher at LHS including in the Opportunity Program
3 [“Opportunity”], a class for troubled youth on track to transfer from LHS to a continuation school.
4 4. In or about the 2002-2003 school year, while Plaintiff was a freshman at LHS,
5 THOMAS used his position of trust and authority as Plaintiff’s Opportunity teacher to gain access
6 to her, groom her for his sexual advances, and rape/sexually assault her numerous times including
7 on school grounds in his portable classroom and a storage room within the boys’ locker room and
8 impregnate her at age 15.
9 5. Plaintiff is informed and believes and thereon alleges that, as of the 2002-2003
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school year, DISTRICT knew, had reason to know, or was otherwise on notice that THOMAS
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engaged in highly inappropriate grooming behavior with his minor female students, including
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Plaintiff, which created a risk he would sexually assault one of them including but not limited to:
13 being overly touchy with minor female students, making inappropriate and/or sexual comments
14 to minor female students, spending time alone with minor female students, and transporting minor
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female students to and from LHS campus in his personal vehicle during school hours.
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6. During the 2002-2003 school year, THOMAS gave Plaintiff special attention
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including taking walks with her around the football field, talking to her about her personal life
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including her parents’ divorce, touching Plaintiff’s shoulder(s) frequently on school grounds,
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requesting Plaintiff wear a skirt to school, and spending time alone with Plaintiff on school
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grounds. During that school year, THOMAS transported Plaintiff during school hours from the
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LHS campus in his personal vehicle to his home and to his friend’s home where he engaged in
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rape/sexual intercourse and oral copulation with Plaintiff before transporting her back to the LHS
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campus during school hours. He also isolated Plaintiff in his portable classroom behind a locked
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door where he would engage in digital penetration and sexual intercourse with her.
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7. On one occasion while THOMAS was engaging in sexual intercourse with
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Plaintiff alone in his portable classroom, THOMAS’s wife, the Dean of LHS at the time,
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discovered Plaintiff alone with THOMAS in his classroom after Thomas and Plaintiff abruptly
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2
COMPLAINT FOR DAMAGES
1 stopped having sex because they saw her approaching. Upon information and belief, no action
2 was taken against THOMAS as a result.
3 8. In or around the spring of 2003, THOMAS impregnated Plaintiff and forced her
4 to abort the baby, resulting in an abortion at age 15. After THOMAS impregnated Plaintiff,
5 Plaintiff disclosed to the Dean of LHS that THOMAS had sexual intercourse with her. The Dean
6 of LHS responded by asking Plaintiff how Plaintiff could do this to her after all she had done for
7 Plaintiff. Upon information and belief, no DISTRICT employee, including the Dean of LHS,
8 reported the abuse to law enforcement or CPS nor did any DISTRICT employee take any action
9 to protect Plaintiff or terminate THOMAS. After Plaintiff’s complaint to the Dean of LHS,
10 THOMAS continued teaching at LHS and continued sexually assaulting Plaintiff on school
11 grounds, including engaging in sexual intercourse with her in a storage room within the boys’
12 locker room.
13 9. The true names and/or capacities, whether individual, corporate, associate, or
14 otherwise, of defendants named herein as DOES 1 through 30, inclusive are unknown to Plaintiff
15 at this time, and Plaintiff therefore sues said defendants by such fictitious names. Plaintiff will
16 seek leave to amend this Complaint to allege their true names and capacities when the same have
17 been ascertained. Plaintiff is informed and believes and thereon alleges that each of the
18 defendants designated herein as DOES 1 through 30 are responsible in some manner or is
19 otherwise legally liable to Plaintiff for the injuries complained of herein.
20 10. At all times herein mentioned, each of the defendants was an agent, servant,
21 employee, partner, joint venturer, franchisee, alter ego, aider and abettor, and/or co-conspirator,
22 and engaged in a common or common enterprises with each of the remaining defendants herein,
23 and was at all relevant times acting within the course and scope of said agency, service,
24 employment, partnership, joint venture, franchise, unlawful enterprise, conspiracy and/or other
25 lawful or unlawful conduct as herein alleged.
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COMPLAINT FOR DAMAGES
1 FIRST CAUSE OF ACTION
Sexual Assault of a Minor
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As and for a First Cause of Action, Plaintiff alleges against defendants SHAWN
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THOMAS, and DOES 1 through 5 as follows:
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11. Plaintiff hereby incorporates all paragraphs of her Common Allegations, as though
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set forth in full herein.
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12. As an employee of DISTRICT, THOMAS was under a duty to refrain from
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engaging in any harmful activity towards the students entrusted to DISTRICT’s care, including
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Plaintiff.
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13. Commencing in 2002, THOMAS used his position of trust and authority as a
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teacher to groom Plaintiff for his sexual advances, exercise control over her person to comply
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with his demands, and rape/sexually assault Plaintiff including, inter alia, sexual intercourse.
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14. As a legal result of the foregoing, Plaintiff was injured in health, strength and
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activity, sustaining bodily injuries and shock and injury to her nervous system and person, all of
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which caused and continue to cause Plaintiff great mental, physical and nervous pain and
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suffering. Plaintiff has thereby sustained damages in an amount in excess of the minimum
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jurisdictional limits of this court.
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15. The acts of defendant THOMAS perpetrated upon Plaintiff were intentional,
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malicious, and/or oppressive, entitling Plaintiff to punitive damages against THOMAS pursuant
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to Civil Code §3294.
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21 SECOND CAUSE OF ACTION
Negligent Hiring, Supervision, and/or Retention of THOMAS by District Employees
22 [Government Code §815.2]
23 As and for a Second Cause of Action, Plaintiff alleges against CAMPBELL UNION
24 HIGH SCHOOL DISTRICT, and DOES 6 through 15, and each of them, as follows:
25 16. Plaintiff hereby incorporates all paragraphs of her Common Allegations and First
26 Cause of Action, as though set forth in full herein.
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COMPLAINT FOR DAMAGES
1 17. As a minor and student enrolled at LHS, DISTRICT stood in a special relationship
2 with Plaintiff by which DISTRICT owed Plaintiff a duty to protect her against, inter alia, sexual
3 abuse by an employee during school hours on school grounds. Plaintiff was entitled to a
4 reasonably safe environment in which to learn, free from inappropriate exercise of authority over
5 her person, grooming behaviors, inappropriate touching, and sexual behaviors from educators,
6 staff, and others employed in a position of trust and authority over her at said school. As such,
7 DISTRICT’s employees owed Plaintiff a duty of care to, inter alia, properly screen personnel, to
8 properly supervise personnel, and to properly discipline personnel who present a risk of harm to
9 students.
10 18. For Plaintiff’s benefit and protection, as well as for all other children attending
11 school within the DISTRICT, DISTRICT employees were obligated to comply with The Child
12 Abuse and Neglect Reporting Act, Penal Code §11164 et seq. [“The Reporting Act.”]. The
13 purpose of The Reporting Act “is to protect children from abuse and neglect.” (Penal Code
14 §11164(b).).
15 19. DISTRICT’s employees breached said duty owed to Plaintiff by, inter alia, failing
16 to properly screen THOMAS, failing to properly supervise THOMAS, failing to discipline
17 THOMAS for his grooming behaviors [such as isolating students, making inappropriate
18 comments to students, spending one-on-one time with students on school grounds, and
19 transporting minor female students to and from LHS campus in his personal vehicle during school
20 hours], failing to properly monitor THOMAS’s classroom, failing to properly respond to
21 complaints of THOMAS’s misconduct including Plaintiff’s complaint that THOMAS had sexual
22 intercourse with her, failing to report a reasonable suspicion of child abuse by THOMAS to law
23 enforcement and/or child protective services, failing to terminate THOMAS, and failing to train
24 and/or educate DISTRICT’s employees on how to detect and deter teachers from engaging in
25 inappropriate grooming behavior with students.
26 20. As a legal result of the foregoing, Plaintiff was raped/sexually assaulted and
27 thereby suffered physical, mental and emotional injuries, all to her general damages as
28 hereinbefore alleged.
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COMPLAINT FOR DAMAGES
1 THIRD CAUSE OF ACTION
Negligent Supervision of Plaintiff by District Employees
2 [Government Code §815.2]
3 As and for a Third Cause of Action, Plaintiff alleges against defendants CAMPBELL
4 UNION HIGH SCHOOL DISTRICT and DOES 16 through 30 as follows:
5 21. Plaintiff hereby incorporates all paragraphs of her Common Allegations and First
6 and Second Causes of Action, as though set forth in full herein.
7 22. DISTRICT owed a duty to protect plaintiff while she was entrusted to its care.
8 As Plaintiff was a student within DISTRICT, DISTRICT’s employees owed her a duty of care
9 to, inter alia, properly supervise Plaintiff to protect her from potential dangers while on school
10 grounds and to report any reasonable suspicion of child abuse to law enforcement and/or child
11 protective services.
12 23. DISTRICT’s employees breached said duties owed by failing to properly
13 supervise Plaintiff such that THOMAS was allowed to openly groom and sexually assault
14 Plaintiff on school grounds and/or to transport Plaintiff in his personal vehicle off school grounds
15 wherein he sexually assaulted her; by failing to detect THOMAS’s isolation of Plaintiff on school
16 grounds during and/or after instructional hours;; and failing to train and/or educate DISTRICT’s
17 employees on how to effectively supervise its students.
18 24. As a legal result of the foregoing, Plaintiff was repeatedly sexually assaulted
19 and/or molested, and thereby suffered physical, mental and emotional injuries, all to her general
20 damages as hereinbefore alleged.
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22 PRAYER
23 WHEREFORE, Plaintiff prays judgment as follows:
24 1. For general damages and other non-economic relief, according to proof;
25 2. For prejudgment interest, as allowed by law;
26 3. For punitive damages against defendant THOMAS;
27 4. For costs of suit herein; and,
28 5. For such other and further relief as the court may deem fit and proper.
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COMPLAINT FOR DAMAGES
1 Dated: April 17, 2024 CERRI, BOSKOVICH & ALLARD LLP
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3 By:
4 LAUREN A. CERRI
Attorneys for Plaintiff
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COMPLAINT FOR DAMAGES
