Case Background
Plaintiff A.Z., referred to as Aren in Court proceedings, was born in November 2009. He is a special needs child diagnosed with autism and severe apraxia, a condition that impairs motor movement and renders him non-verbal. He also suffers from oral motor apraxia, which prevents him from forming words despite understanding language, and cross-body apraxia, which makes even basic tasks like turning pages difficult. He enrolled in the Early Bird Preschool Program operated by the Glendale Unified School District around November 2012, when he was three years old, and attended through the end of the 2014–2015 school year. His classroom consisted of one teacher, Melanie Sam, three Behavioral Intervention Assistants, and an Assistant to Physically Handicapped. Aren also suffered from gastrointestinal issues that required staff to change his diapers up to eight times during a school day that ran from approximately 8 a.m. to 1 p.m.
Cause
The Plaintiff alleged that during diaper changes in the school bathroom, BIA Roubina Danelian Abhabegians repeatedly hit, scolded, and digitally penetrated him. The abuse was not disclosed until May 2017, when Aren first communicated about the events through an Augmentative and Alternative Communication device. The Plaintiff further alleged that GUSD failed to properly train or supervise the staff at Early Bird and that the staff was overworked, creating ample opportunity for abuse to occur behind closed bathroom doors.
Injury
The Plaintiff suffered chronic post-traumatic stress disorder as a result of the abuse. He experienced recurring nightmares, hypervigilance, difficulties in social and emotional functioning, mood dysregulation, depression, anxiety, and outbursts. He required weekly therapy beginning in August 2019, which remained ongoing at the time of trial.
Damages Sought
The Plaintiff sought economic damages, non-economic damages, punitive damages against the individual Defendants, costs of suit, and interest on the judgment.
Key Arguments and Proceedings
The trial centered on the school district's failure to protect one of its most vulnerable students. The Plaintiff's side argued that the district held a "special relationship" with A.Z., which created a mandatory duty to provide close supervision at all times. They contended that the district’s negligence in hiring and supervising its staff created a dangerous environment where abuse could go unnoticed.
Legal Representation
Plaintiff(s): A.Z., a minor, represented by his Guardian ad Litem, N.K.
Counsel for Plaintiff(s): Garo Mardirossian | Lawrence D. Marks
Defendant(s): Glendale Unified School District | Early Bird Preschool | Roubina Danelian Aghabegians | Melanie Sam.
Counsel for Defendant(s): Nancy P. Doumanian
Key Arguments or Remarks by Counsel
The defense challenged Aren's competency to testify at both deposition and trial. The defense also attempted to cast doubt on Aren's intelligence and cognitive ability and argued that his answers on the AAC device were unreliable because he could not use it independently. During trial, the defense insinuated that Aren's mother was somehow responsible for his accusations. The defense contended that Roubina was never alone with Aren in the bathroom, so no opportunity for abuse existed.
The Plaintiff presented testimony from multiple witnesses, including former BIA Ruby Davila, who witnessed abusive behavior from her first day at Early Bird in August 2012. Senior therapist James Tan documented Aren's disclosures of abuse through his AAC device beginning in May 2017, noting that Aren typed the word "Roubina" without any icon for that name on the device.
Claims
The operative First Amended Complaint, filed on March 7, 2023, alleged vicarious liability under Government Code Section 815.2 against GUSD and Early Bird Preschool, dangerous condition of public property under Government Code Section 835, assault and battery against Roubina Abhabegians, sexual battery under Civil Code Section 1708.5 against Roubina Abhabegians, and negligence against Melanie Sam and Roubina Abhabegians. The Plaintiff dismissed the dangerous condition of public property cause of action during trial.
Defense
The Defendants denied all allegations and raised affirmative defenses including contributory negligence, assumption of risk, failure to state facts sufficient for any cause of action, failure to comply with the California Tort Claims Act, statute of limitations, discretionary immunity, and that the school district could not be liable for third-party criminal acts. The defense also argued that any intentional acts by the individual employees fell outside the course and scope of their employment and that the Plaintiff consented to physical touching given the educational setting and his individualized education plan requirements.
Court Verdict
The parties waived their right to a jury trial, and the matter was tried before the Honorable Ruth Ann Kwan beginning September 9, 2024. After hearing testimony and written closing briefs, the Court issued its Statement of Decision on March 20, 2025, and entered judgment on April 16, 2025.
The Court found Aren competent to testify and emotionally and intellectually intelligent. The Court found Aren's testimony credible and determined that Roubina committed battery and sexual battery against him during diaper changes in the school bathroom. The Court found that GUSD negligently trained and supervised staff at Early Bird, failed to establish written rules for bathroom protocols, and failed to act on complaints of abusive behavior reported as early as July 2012 by a parent and again in June 2013 by employee Ruby Davila. The Court found Melanie Sam's testimony not credible and determined she engaged in abusive conduct herself, set a poor example as the classroom supervisor, and condoned abusive behavior by others.
The Court awarded the Plaintiff $4,100,000 in total damages against all three Defendants jointly and severally: $2,500,000 for past physical pain and suffering, anxiety, anguish, and emotional distress, and $1,600,000 for future pain and suffering. The judgment carried interest at 7% per annum from the date of entry. The Court determined that apportionment of damages based on fault was not appropriate, but noted that if apportionment were required by law, it would assign 10% to Roubina and 90% to GUSD.
Court documents are available upon request at [email protected]
