5 F. Supp. 3d 1106
N.D. Cal.2013Background
- Milanca Lopez, UC Berkeley student, was killed in a May 18, 2012 car crash involving Lumbreras, who was intoxicated.
- Xavier Lopez, Milanca’s six-year-old son, was severely injured and later died.
- Plaintiffs Médardo Lopez and Margarita Lopez sue Lumbreras, UC Regents, and Cephas John for alleged abuse, harassment, and inadequate UC responses.
- Allegations include Lumbreras’ escalating abuse, public insults, and coercive acts toward Milanca and Xavier; UC Village housing context; and failures to act by UC personnel.
- Two federal counts (Title IX and Title VI) are asserted alongside multiple state-law claims; UC Regents and John move for judgment on the pleadings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiffs have standing to pursue Title IX claims. | Plaintiffs argue Milanca’s parents may sue on her behalf. | Defendants contend parents lack standing for a student’s Title IX claims. | Plaintiffs have standing to sue Milanca’s Title IX claim. |
| Whether emotional damages survive under Title IX/VI. | Plaintiffs claim emotional damages are recoverable. | California survivorship precludes non-economic damages. | Federal law governs survivorship; emotional damages survive, but amendment needed. |
| Whether housing benefits are an educational benefit under Title IX. | Housing benefits fall within Title IX education benefits. | Housing is not an educational benefit causally linked to Title IX. | Housing benefits may be educational benefits; facts insufficient to show deprivation due to Title IX. |
| Whether UC Regents had actual notice and were deliberately indifferent to sex-based harassment. | Allegations show notice via witnesses, police responses, and Milanca’s communications. | Allegations do not establish adequate notice or deliberate indifference. | Complaint insufficient to show notice or indifference; Title IX claim dismissed with leave to amend. |
Key Cases Cited
- Doe by and Through Doe v. Petaluma City School Dist., 830 F. Supp. 1560 (N.D. Cal. 1993) (institution liable, not individuals, under Title IX)
- Gebser v. Lago Vista Indep. Sch. Dist., 524 U.S. 274 (1998) (deliberate indifference standard for Title IX damages)
- Davis Next Friend LaShonda D. v. Monroe County Bd. of Educ., 526 U.S. 629 (1999) (recipient liability requires knowledge and deliberate indifference)
- Reese v. Jefferson Sch. Dist. No. 14J, 208 F.3d 736 (2000) (prima facie Title IX standards for harassment)
- Porto v. Town of Tewksbury, 488 F.3d 67 (1st Cir. 2007) (harassment must deprive access to educational benefits)