Citing the statute of limitations, a judge dismissed all allegations against the city of Burbank in a lawsuit filed by two female lifeguards who alleged that a male fellow city employee videotaped them while they were completely or partially undressed.
Los Angeles Superior Court Judge Robert Draper agreed with attorneys for the city that the plaintiffs, identified only as Jane Doe 1 and Jane Doe 2, waited about eight months too long to bring their allegations and had no legal justification for not doing so within the appropriate time period.
Draper heard arguments on the motion Jan. 6 and then took the case under submission before issuing his final ruling on Jan. 13.
The suit was filed in October 2018, when Doe 1 was 26 years old and Doe 2 was 24.
According to the lawsuit, lifeguards at the Verdugo Aquatic Facility were instructed to change in a shared lifeguard office, despite the fact that the facility has separate restrooms for men and women, all of which have areas where people can change.
The suit states that in June 2016, it was learned that Arturo Ponce Montano, also a lifeguard at the park, had used his cell phone camera in the lifeguard office to secretly record the plaintiffs as well as other minor and adult women while they were in various stages of undress. Montano also was named as a defendant in the case.
After Montano’s arrest, the city changed its alleged policy requiring employees to change in the lifeguard office, the suit stated.
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