Two candidates from Los Angeles County working for state and native places of work will stay defendants in a lawsuit alleging they’re financially liable for the sexual abuse of an underage volunteer who labored on their campaigns, a decide dominated Thursday.
Efren Martinez, who’s working for a seat representing South Los Angeles within the California Meeting, and Graciela Ortiz, a candidate for L.A. faculty board, have been below fireplace this yr after the civil lawsuit was filed. The marketing campaign employee accused of the abuse, Billy Valdivia, pleaded no contest to sexual misconduct with the volunteer.
Each the perpetrator and sufferer have been concerned in marketing campaign work in 2021 for Ortiz and Martinez, in keeping with the swimsuit, filed on Jan. 9 in L.A. County Superior Courtroom.
Decide Lee W. Tsao dominated Friday morning that the plaintiff’s lawyer ought to have a possibility to show that Martinez’s alleged negligence in hiring, coaching and supervising Valdivia was a “substantial factor” within the hurt inflicted on the volunteer, a feminine highschool pupil.
The decide didn’t really feel that this reason for motion towards Martinez utilized to Ortiz and dismissed her from that portion of the lawsuit. Nevertheless, the decide stored Ortiz within the lawsuit as a result of Ortiz is alleged to have had a particular relationship with the coed and it may very well be proven that “a greater degree of care is owed to children because of their lack of capacity to appreciate risk and danger.” The decide additionally determined to evaluate proof that the defendants “agreed to a common plan” to cowl up Valdivia’s actions.
A former lawyer for each Martinez and Ortiz beforehand argued that the lawsuit was a fastidiously timed political “smear.”
“It’s unfortunate folks want to play politics with the court system to influence an election, but we expect this case to be kicked out like it was the first time,” mentioned Michael Trujillo a marketing campaign spokesperson for Ortiz and Martinez.
Ortiz’s full-time job has been as a college assist administrator overseeing counselors. However in the course of the alleged occasions, she was a college counselor, which she had been most of her district profession relationship to 2006. Ortiz additionally misplaced a bid for a college board seat in 2019.
Ortiz was briefly faraway from her job as an L.A. Unified counseling administrator shortly after the lawsuit was filed. The varsity district declined to touch upon why Ortiz was faraway from her job or how that scenario was resolved, however she returned to work inside a couple of weeks. Ortiz additionally has not commented on that.
Thomas Scully, an lawyer for the plaintiff, argued that as the coed’s counselor, Ortiz had a trusting relationship that made her accountable if {the teenager} she got here right into a scenario and suffered hurt.
Martinez is a Marine veteran and has served as the chief director of the Florence-Firestone/Walnut Park Chamber of Commerce. In 2020, he misplaced a former bid towards incumbent and fellow Democrat Reggie Jones-Sawyer in a decent race, receiving 42% of the vote.
A political motion committee opposing Martinez has seized on the lawsuit to persuade voters he’s unfit for workplace. The PAC is essentially funded by the California Academics Assn., the SEIU California State Council and the California Faculty Staff Assn. Two of these teams have endorsed his opponent, Sade Elhwary, within the Meeting District 52 race.
“It is disgusting and very disappointing that they are using this politically driven lawsuit …. Even after we have informed my opponent Sade and the union, that they continue to stoop this low to disseminate very disgusting information,” Martinez advised The Occasions earlier than the Oct. 10 listening to. After the listening to, he didn’t reply to requests for remark.
The swimsuit seeks unspecified damages for the accuser, recognized as “B.A.,” from Valdivia, who additionally pleaded no contest to a weapons cost, together with Martinez and Ortiz, in keeping with courtroom information.
Occasions employees author Howard Blume contributed to this report.
