By Jeff Birren, Senior Writer
These pages previously reported on the progress of the civil case filed against the USA Taekwondo (“USAT”), the U.S. Olympic Committee and a former coach who molested teenage girls (See, Sports Litigation Alert, California Court of Appeal Revives Civil Molestation Case Against USA TAEKWONDO (12-6-19)). The Superior Court had dismissed the civil claims against both the USOC and USA Taekwondo as a result of those defendants’ demurrers to the Complaint. At the time of the article, the Court of Appeal had revived the previously dismissed claims against USAT while affirming the dismissal against the USOC. Both the plaintiffs and USAT sought review in the California Supreme Court. That Court accepted review, and recently it issued its ruling (Yazmin Brown et al., Plaintiffs and Appellants, v. USA Taekwondo et al., Defendants and Respondents, Case No. S259216 (4-1-21)).
In a unanimous 23-page opinion authored by Justice Leondra Kruger, the Court affirmed the decision of the Court of Appeal. Consequently, the plaintiffs’ petition to reinstate the USOC as a defendant was denied, but both the coach and USAT remain defendants in the civil lawsuit, based on the assertions that a “special relationship” had existed between the plaintiffs and USA Taekwondo. The coach was criminally convicted of molesting the young women so the civil case will focus on what USA Taekwondo knew, and when did they know it, as opposed to requiring the plaintiffs to prove that the crimes were committed. Justice Mariano-Florentino Cuellar filed a 17-page concurring opinion. The case will be returned to the Superior Court and discovery will commence so the plaintiffs are years away from potential recovery.
