Phyllis P. v. Superior Court

In Phyllis P. v. Superior Court (1986) 183 Cal.App.3d 1193, the appellate court relied on Tarasoff v. Regents of University of California (1976) to find that a school district's special relationship with a student (Ciera) and, by extension, her mother, imposed a duty of reasonable care that included disclosing to the mother that Ciera had been molested by another student. (Phyllis P., supra, 183 Cal.App.3d at pp. 1195-1197.) The court focused on the relationship between the parties and the school officials, noting that the mother entrusted Ciera's care to the school officials and that while at school the officials stood in loco parentis. (Id. at p. 1196.) In that case school officials failed to supervise the offending student, failed to take steps to protect Ciera, and failed to notify the mother, who could have taken steps on her own to protect her daughter. (Ibid.) The court concluded that the officials should have foreseen that failing to notify the mother promptly would cause her "more emotional distress than merely informing her of the incidents in the first place." (Id. at p. 1197.)