by Andrew Alonzo | aalonzo@claremont-courier.com

The legal entanglements of former Claremont Unified School District Board of Education President Steven Llanusa stemming from a December 3, 2022 holiday party at his Claraboya home continue to wind their way through the courts.

Llanusa resigned from the CUSD Board on December 10, 2022, setting in motion a chain of events that resulted in a costly special election to fill his seat. On February 9, 2023, Llanusa was charged with two misdemeanor counts of contributing to the delinquency of a minor and one misdemeanor charge of furnishing alcohol to a minor under 21.

Tandy Robinson and Blake Taylor White were also charged on the same day in relation to their alleged actions at the party. White was charged with two felony counts of lewd or lascivious acts with a minor 14 or 15 years of age in which the defendant is 10 years older than the victim, and four misdemeanor counts of annoying or molesting a child under 18; Robinson was charged with one misdemeanor count of furnishing alcohol to a minor under 21.

All three pled not guilty to all charges on April 27, 2023 in Pomona Superior Court.

Later, the Los Angeles County District Attorney’s Office offered Llanusa informal diversion, which, according to the American Bar Association, “refers to any opportunity for a person to avoid arrest, to decline or reduce charges, to avoid a conviction, or to reduce a sentence, by fulfilling a prescribed set of conditions, by agreeing to a referral to services, or by receiving assistance or release with no further criminal consequences.”

On September 18, 2024, Pomona Superior Court Judge Victor Martinez granted Llanusa the diversion plan. It included completion of a one-year child abuse prevention program and 100 hours of community service. Llanusa delivered diversion plan progress reports to the court in November 2024 and January 2025.

The DA’s office also offered Robinson informal diversion, which Martinez granted in September 2024. Robinson’s lawyer in the matter, G. Christopher Gardner from the Law Offices of Michael A. Scafiddi Inc., wrote in a text that his client’s criminal case will be dismissed without admission of wrongdoing and will not appear on her record pending completion of one-year of individual counseling, a child abuse prevention program, and 60 hours of community service. Robinson gave progress reports to the court in November 2024 and January 2025.

In April 2024, White entered into a plea agreement, under which he pled no contest to two misdemeanor counts of annoying or molesting a child under 18. He was sentenced to one year of probation, ordered to register as a sex offender, enroll in a one-year sex offender counseling program, complete 20 days of community labor, make restitution to the victim, and pay various fines and court fees. He appeared in court for progress reports in November 2024 and January 2025.

Lawyers representing Llanusa and White did not respond to repeated requests for comment.

Llanusa, Robinson, and White are due to appear in Pomona Superior Court April 1 for progress report hearings.

Llanusa and Robinson are due back in the Pomona court on September 18 for either a diversion termination/dismissal hearing or a pretrial conference. Both defendants still reserve the right to take the case to trial.

Lozano v. CUSD, et al

In a separate but related matter, on December 22, 2023, lawyers representing Lily Sophia Lozano filed a civil complaint in Pomona Superior Court. Lozano was among the Claremont High School Choir members who performed at Llanusa’s December 2022 holiday party, according to the complaint.

Lozano v. CUSD, et al, requests the case be heard by a jury, and lists CUSD, Llanusa, Robinson, White, and former CHS Choir Director Joel Wilson as defendants.

A joint report filed with the court by lawyers representing Lozano, CUSD and Robinson on December 6, 2024 offers a summary:

“On December 3, 2022, while plaintiff Lily Sophia Lozano was a student at Claremont High School, the school choir was invited to perform at a holiday party at the private residence of defendant Steven Llanusa,” it read. “Plaintiff alleges that, while she and her choirmates were at Mr. Llanusa’s house, waiting to perform, they were offered alcoholic beverages and also exposed to verbal sexual innuendo by shirtless male ‘strippers.’ Plaintiff claims that the choir teacher, defendant Joel Wilson, was negligent in his supervision of the choir students. Plaintiff also seeks to hold the school district liable for its negligent training and/or supervision of Mr. Llanusa, who was an elected member of the school board at the time of the event. Defendants CUSD and Tandy Robinson have moved to dismiss plaintiff’s claims, pursuant to [Federal Rule of Civil Procedure] 12(b)(6).”

According to Cornell Law School’s Legal Information Institute, Federal Rule of Civil Procedure 12(b)(6) permits a motion to dismiss “for failure of the complaint to state a claim on which relief can be granted.”

In the civil complaint, Lozano accuses Llanusa, Robinson, and Wilson of negligence, battery, sexual battery, and gender violence (per California code § 52.4). White, referred to in the complaint as a “stripper,” is also accused of battery, sexual battery, and gender violence.

Llanusa, Robinson, Wilson and CUSD are accused of negligence/negligent supervision, negligence/negligent hiring, training and/or retention, violation of mandatory child abuse reporting, public entity liability for failure to perform mandatory duty, and conspiracy.

The complaint also accuses CUSD, Llanusa, and Wilson of false imprisonment; and unlawful seizure, a violation of 42 United States Code §1983. CUSD and Llanusa are also accused of a violation of Lozano’s civil rights under municipal liability, per Monell v. Department of Social Services.

Finally, Llanusa, Robinson, Wilson, White and CUSD are accused of intentional infliction of emotional distress and negligent infliction of emotional distress.

Lozano’s lawyers — Mark Bloom, Martin Kanarek, Mathew Russell, and Olivier Taillieu of BD&J Injury Lawyers — did not respond to requests for comment.

The damages sought by Lozano will be determined at trial, according to the complaint, the latest disclosure by Lozano’s lawyers, and CUSD’s legal counsel, Daniel Modafferi of Fozi Dwork & Modafferi, LLP.

“I don’t have a whole lot that I can say on the matter just because it’s still in active litigation,” Modafferi said.

On August 29, 2024, CUSD’s legal counsel filed a notice of removal of civil action, after which Lozano’s complaint was transferred from the Los Angeles County Superior Court system to the United States District Court Central District of California, a federal jurisdiction. The motion was filed as two of the allegations made in the complaint pertain to federal law.

“Plaintiff Lily Sophia Lozano alleges causes of action under state and federal law,” reads the notice of removal from CUSD’s legal counsel. “The thirteenth cause of action [unlawful seizure] alleges violations of plaintiff’s rights under the Fourth Amendment to the federal constitution, under 42 U.S.C. section 1983. The fourteenth cause of action [municipal liability-Monell] alleges violations of plaintiff’s rights under the Fourth Amendment to the federal constitution, under 42 U.S.C. section 1983 and Monell [v. Department of Social Services]. This court has original jurisdiction of the action pursuant to the provisions of 28 U.S.C. section 1331, and the action may therefore be removed by Claremont Unified School District, pursuant to 28 U.S.C. section 1441. The remaining causes of action arise from the same nucleus of operative facts as plaintiff’s federal law claims. (28 U.S.C. § 1367.)”

CUSD’s counsel filed a motion to dismiss the complaint on October 7, 2024. Robinson’s lawyers for Lozano v. CUSD, et al — Jody Steinberg and Nicholas Walls of Hanger Steinberg Shapiro & Ash — followed suit on October 18, 2024. The court has yet to rule on both motions, according to Modafferi.

According to language in the December 6, 2024 joint report, both CUSD and Robinson assert they are not liable for potential damages.

“CUSD and its employees are statutorily immune from liability under state law, pursuant to Education Code, section 35330, subdivision (d), which provides that any person who participates in a field trip or excursion is deemed to have waived all claims against the school district for injuries arising during or by reason of the field trip or excursion,” read the report. “Furthermore, as a matter of law, CUSD is not subject to liability under 42 U.S.C. section 1983, because California public school district are state agencies and not ‘persons.’

“Tandy Robinson claims she is not an employee or otherwise affiliated with the school district nor does she have ownership or control of the property or the ‘party’ and did not employ or otherwise hire the ‘stripper’ and as such owes no duty to Plaintiff and has no liability for the action.”

A status conference in Lozano v. CUSD, et. al, is set for 9 a.m. March 25 in Pomona Superior Court. A final pretrial conference with Judge Monica Ramirez Almadani is scheduled for October 16 at the federal courthouse in Downtown Los Angeles.

“But there are likely to be other motion hearings, just depending on what the court’s ruling is on the motion that’s currently pending to dismiss,” Modafferi said.

Court documents related to Lozano v. CUSD, et al, show Llanusa denies all allegations made against him and requests the case be heard by a jury.

Llanusa files cross-complaint

In still more related legal wrangling, in November 2024 Llanusa, through his attorneys Linda Bauermeister and Robert Kostrenich of Barber & Bauermeister, filed a civil cross-complaint against Robinson seeking “indemnity, contribution, proration, declaratory relief, [and] civil code §1431,” which pertains to joint liability.

Robinson’s lawyer Walls would not comment on Llanusa’s cross-complaint.

Bauermeister did not respond to repeated inquiries about Lozano v. CUSD, et al, or Llanusa’s cross-complaint.

White’s and Wilson’s lawyers were not named in court filings.