J.Doe v. Nevada Co. Consolidated Court
Plaintiff J. Doe was a patron at the law library of defendant Nevada County Consolidated Court (the court). Lucifer Mellado was a law librarian at the court from whom Doe sought assistance while handling her own family law and restraining order matters. Over a three-month period, Doe received obscene, sexually harassing, mail that she eventually recognized was from Mellado. When she confronted him, he admitted sending the letters. Doe sued Mellado, the court, and the courts executive officer Sean Metroka for damages alleging, among other things: (1) violence or intimidation based upon sex; (2) sexual harassment; (3) negligent hiring, training, supervising, and retaining of Mellado; and (4) intentional infliction of emotional distress.
After allowing two amendments to the original complaint, the trial court sustained defendants demurrer to the second amended complaint without leave to amend and entered a judgment of dismissal. From this judgment, Doe filed a timely notice of appeal.
On appeal, Doe contends the trial court erred as a matter of law in sustaining the demurrer and abused its discretion in failing to allow leave to amend her complaint to attach the 11 pieces of mail. Court conclude the court properly sustained the demurrer, except as to the third cause of action where Doe pleaded sufficient facts for negligent supervision. Accordingly, Court reverse.
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