'Kissing club' lawsuit against elite LA school can proceed to jury trial, judge rules

LOS ANGELES - A California judge has cleared the way for the parents of a 9-year-old girl to take their civil lawsuit against Sierra Canyon School to trial. 

The family alleges the private Chatsworth school failed to protect their daughter, identified as E.K., from a student-run "kissing club" that involved bullying and severe sexual assault.

What we know:

Judge David B. Gelfound on Thursday ruled that the school’s pre-dispute arbitration agreement is unenforceable due to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). Passed in 2022, this law allows victims of sexual assault or harassment to bypass mandatory arbitration and pursue justice in a public court. 

The underlying lawsuit states that older female students ran a "kissing club" inside school bathrooms, where they pressured and coerced younger students into kissing, touching their genital areas, and engaging in oral copulation. E.K. was just 7 years old when the alleged abuse began.

The victim's parents, Max and Pantea, contend that the behavior escalated because of a complete lack of supervision by teachers and administrators. 

PREVIOUS COVERAGE: 'Kissing Club' assaults on 8-year-old hidden by LA's elite Sierra Canyon School, lawsuit claims

E.K.'s mother stated she had previously reported initial bullying concerns to the school, but no protective measures were implemented. 

When school staff eventually discovered the sexual acts—including finding videos recorded on students' cellphones—they allegedly failed to timely notify law enforcement or the victims' families. 

Dig deeper:

The lawsuit accuses the school of violating California's mandatory reporting laws, which require immediate reporting of suspected child abuse. 

While the alleged ringleader of the club is no longer enrolled at the institution, they were not officially expelled by the school. 

Both E.K. and another victim's family have since left the school, and the family is now represented by Sam Dordulian of the Dordulian Law Group, who noted this is the second lawsuit brought against the school outlining similar allegations.

What we don't know:

While defense attorneys previously paused their formal answers pending the arbitration ruling, Sierra Canyon School released a public statement strongly denying the claims. 

The school maintains that the specific allegations of a cover-up and systemic failure are untrue, though they have yet to file their fact-by-fact response in court. 

While the lawsuit details a severe violation of mandatory reporting laws, it's unknown if local law enforcement or child protective services have initiated active criminal investigations into the specific administration or staff members who allegedly handled and withheld the video evidence.

What they're saying:

In an emotional public statement regarding the school's systemic failures, E.K.'s mother, Pantea, expressed her heartbreak.

"As a mother, the feeling of being hopeless and not being able to protect my child from this harm that 100% could have been avoided is crushing. My focus is on the systems and the safeguards that have failed to protect my child," she said.

Family attorney Sam Dordulian spoke on why institutions often ignore these situations, stating, "The police will come out and say, 'there's seven and eight-year-olds involved there can't be any criminal intent with seven and eight-year-old children so there's no crime that's committed.' And that's what schools use to wash their hands."

Sierra Canyon School administrators countered the allegations in a formal statement, saying, "Please know that protecting our students and ensuring that the truth is upheld remain at the core of our mission. We have never ignored concerns related to student care. When questions were raised in the summer of 2024, we reviewed them comprehensively and immediately took proactive measures we determined were appropriate." 

The school added that the allegations are "untrue and do not accurately reflect what occurred." 

However, in his written ruling, Judge David B. Gelfound highlighted the severity of the claims and the school's alleged inaction, noting, "Here, (the parents) allege that E.K. was repeatedly harassed and bullied by older students during school hours, including forcing her to kiss older girls and touch their genital area. (The parents) further allege that the activity was allowed to continue because of the lack of adequate supervision by teachers, administrators and other agents, and that when Sierra Canyon became aware of the bullying and assault, it took no action."

What's next:

Following the judge's rejection of the arbitration motion, defense attorneys for Sierra Canyon School must now file their formal, detailed response to the lawsuit's allegations in public court. 

The legal teams will officially transition into the public discovery phase in Chatsworth Superior Court. This process will allow both sides to exchange evidence, request internal school communications, and conduct depositions to prepare witness testimonies for the upcoming jury trial.