Hannah Hogoboom Wins Appellate Affirmation of Trial Court’s Dismissal of Sexual Battery and Invasion of Privacy Case Against California University

Hannah Hogoboom of KMS successfully persuaded the California State Court of Appeal to affirm dismissal in favor of University of Southern California (“USC”) in a case brought by a Jane Doe plaintiff alleging causes of action for sexual battery, assault, invasion of privacy, gender violence, product liability, conspiracy, negligence, and violation of the Bane Act.

Plaintiff brought claims against USC and USC personnel based on allegations that biosensing technology that was originally developed at USC had somehow been inserted into her body while Plaintiff was on campus at Santa Clara University in Northern California. All work on the technology in question had ceased in entirety more than 10 years prior and the patent had since lapsed. The biosensing device was never tested or otherwise implanted in humans and no plans were ever made to test or otherwise implant the technology in humans.

Ms. Hogoboom filed a demurrer on behalf of the USC defendants, arguing that Plaintiff failed to state facts sufficient to constitute any cause of action against the USC defendants and on grounds of uncertainty. The trial court agreed, finding that Plaintiff’s claims were “factually frivolous” and “fanciful” and granted defendants’ demurrer, dismissing Plaintiff’s case.

Plaintiff appealed, arguing that she was unable to adequately plead her case as she had pending discovery motions at the time defendants’ demurrer was heard. Ms. Hogoboom represented the USC defendants in the appeal, arguing that Plaintiff failed to explain how defendants caused this outdated technology to be implanted in her body and that the trial court’s order sustaining defendants’ demurrer was proper. The Court of Appeal agreed, and affirmed.