Trial Magazine

Doe, 14, was a student in a Los Angeles Unified School District middle school. Her math teacher, Elkis Hermida, began sending her messages. Soon, the two were engaging in sexual intercourse on and off school grounds.

A fellow teacher learned about the situation and reported it to authorities. Hermida was arrested, pleaded no contest to one count of lewd acts with a 14-year-old victim, and later served prison time. As a result of her experience, Doe has suffered emotional distress and mistrusts others.

Doe sued the school district, alleging negligent supervision of Hermida and of her, as a student. At trial, the defense argued that Doe had consented to the sexual relationship. The defense was allowed to question Doe about her sexual history. The jury found for the defendant. On appeal, the intermediate appellate court granted a new trial.

The parties settled for $5 million before jury selection.

Citation: Doe v. Los Angeles Unified Sch. Dist., No. BC477194 (Cal. Super. Ct. Los Angeles Cnty. Oct. 26, 2018).

Plaintiff counsel: AAJ members John C. Taylor and Natalie Weatherford, both of Manhattan Beach, Calif.; and Frank Perez, Los Angeles.