EL SEGUNDO, CALIFORNIA — A lawsuit brought by the parents of a California toddler who suffered a serious head injury while in a private club’s childcare facility has entered a new legal phase, with Bay Club South Bay LLC now asking a judge to dismiss several of the family’s claims.

The case centers on an incident involving the family’s then-23-month-old son, identified in court documents as C.K., at the Bay Club’s El Segundo facility on March 17, 2025.

The parents, Matthew and Elena Kittle, allege that a childcare employee lifted their son into the air and failed to catch him, leaving him with a concussion, blunt head trauma and other injuries. They also accuse the club of giving them an inaccurate account of what happened.

Bay Club has not publicly admitted wrongdoing and says it cannot comment on ongoing litigation. The company is now challenging part of the family’s lawsuit in court.

⚖️ Bay Club Wants Several Claims Thrown Out
The newest development came in August, when attorneys for Bay Club South Bay filed a motion seeking dismissal of the family’s claims for battery, fraud and intentional infliction of emotional distress.

The company’s position is essentially that, even accepting the injury occurred, the allegations describe negligence rather than intentional misconduct.

Bay Club’s lawyers argue the employee was playing with C.K. and did not intend to injure him.

The parents’ lawsuit takes the opposite position, alleging that the employee’s actions were deliberate and that the club subsequently misrepresented the circumstances of the fall.

A hearing on the motion is scheduled for October 15, 2026.

🎥 Security Video Is at the Heart of the Dispute
The case has attracted attention largely because of surveillance footage from the childcare area.

The footage, reviewed by news organizations, shows an employee holding C.K. by his hands and swinging him between her legs.

The lawsuit alleges that she then lifted the toddler over her head, released him and failed to catch him.

According to the parents’ complaint, C.K. fell onto the hardwood floor and the employee subsequently fell on top of him.

The video has become important because both sides interpret the same sequence differently.

The parents say it demonstrates the severity of what happened.

Bay Club’s attorneys argue that a closer examination shows the employee maintained contact with C.K. during part of the sequence and that the footage does not support the family’s characterization of an intentional toss designed to cause harm.

🚨 Parents Say They Were Initially Given a Different Story
According to the lawsuit, the family’s concerns grew after Bay Club staff contacted them following the incident.

The complaint says Matthew Kittle was initially told that his son had fallen but had calmed down.

Later, staff reportedly asked him to come pick C.K. up because they were unable to settle him.

When he arrived, the parents say they saw substantial swelling and bruising on their son’s face.

They allege they were subsequently told that an employee had fallen while holding C.K. and that the child had been only approximately 1.5 feet above the ground.

The lawsuit says the surveillance footage appeared to show a dramatically different fall.

Those allegations are now directly disputed by Bay Club.

🧠 Medical Treatment Raised Questions About the Injury
After leaving the club, C.K.’s parents say they noticed that he was unusually drowsy, lethargic and irritable.

They took him to an emergency room later that morning.

According to the lawsuit, doctors diagnosed him with a concussion, blunt head trauma and a facial abrasion.

The parents allege that medical staff questioned whether the injuries were consistent with the description they had received from Bay Club.

The complaint further states that C.K. continued experiencing symptoms after the incident, including hearing problems and other effects the family attributes to the injury.

The long-term medical consequences will be an important issue if the case proceeds.

💼 The Legal Dispute Is Now Narrower Than It Was Originally
The original lawsuit brought a broad range of claims against The Bay Clubs Company LLC and Bay Club South Bay LLC.

They included allegations of negligence, negligent hiring and supervision, emotional distress, fraud and battery.

Bay Club’s current motion does not seek to erase the entire lawsuit.

Instead, the company is asking the judge to eliminate claims that require proof of intentional conduct.

That leaves the negligence allegations at the center of the legal dispute even if the judge grants the company’s motion.

🏛️ October 15 Could Become a Turning Point
Judge Tamara Hall is scheduled to hear arguments on the motion on October 15.

The judge’s ruling could determine how the family proceeds.

If the battery, fraud and emotional-distress allegations remain, the plaintiffs can continue pursuing those theories.

If they are dismissed, the case would become more heavily focused on whether Bay Club failed in its duty to safely supervise C.K. and properly respond to his injury.

Either way, the lawsuit would not be resolved simply by this upcoming hearing.

⚠️ The Childcare Licensing Question Remains Separate
The family’s lawsuit also raises a separate issue concerning the club’s childcare operation.

The parents allege that the El Segundo facility was operating without the type of childcare license they believe was required under California law.

The club’s childcare arrangement is based on an exemption that can apply when parents remain on the premises, while the lawsuit alleges the parents were permitted to leave the El Segundo location and use another Bay Club facility nearby.

That allegation has not been finally decided by a court.

It is separate from the question of whether the employee’s handling of C.K. caused his injuries.

💔 The Family Has Asked for Privacy
The Kittle family has largely stayed out of the public spotlight while pursuing the lawsuit.

Their attorney has argued that parents entrust childcare providers with their children expecting proper training, supervision and honesty when something goes wrong.

The family is seeking damages and legal costs, but the amount has not been publicly disclosed.

They have also requested a jury trial.

The Central Dispute Is Now About INTENT
The latest court battle revolves around a deceptively simple legal distinction.

Was this a careless and dangerous interaction that became a serious accident?

Or was the employee’s conduct intentional enough to support claims such as battery and intentional infliction of emotional distress?

And after the incident, did Bay Club employees simply misunderstand what happened — or did they knowingly give the parents a misleading account?

Those are questions the judge will have to consider based on the evidence presented by both sides.

🎥 The Video May Become the Most Important Evidence
The surveillance footage could remain central throughout the litigation.

The family believes it provides an objective record that contradicts the initial explanation they received.

Bay Club’s legal team believes the footage should be interpreted differently and says it does not establish intentional harm.

The court therefore may have to consider not only what appears on the video but also how it relates to medical records, employee testimony, internal reports and communications with the parents.

🧩 The Injury Itself Is Not the Only Issue
Even if the parties ultimately agree that C.K. suffered a serious injury, that does not automatically determine legal responsibility for every claim.

A negligence claim generally turns on whether reasonable care was taken.

An intentional tort such as battery requires a different showing.

A fraud allegation also requires proof that specific representations were knowingly false and relied upon.

That is why Bay Club is attempting to remove several claims before the case gets further into the litigation process.

What Happens Next?
The next major milestone is October 15, 2026, when Judge Hall is scheduled to hear Bay Club’s request to dismiss the battery, fraud and intentional-infliction-of-emotional-distress claims.

Until then, the family’s allegations remain disputed.

Bay Club continues to maintain that it cannot comment on the ongoing lawsuit while emphasizing that the safety of children and families is a priority.

The case will now turn increasingly toward evidence — particularly the surveillance footage, medical records and the competing accounts of what happened after the toddler was injured.

A 23-month-old boy was placed in the care of a trusted childcare facility and suffered a serious head injury. More than a year later, his parents and Bay Club are still fighting over what the video shows, what the parents were told and whether the incident was negligence or something more.

The next major decision will come in October, when a judge determines how much of the family’s lawsuit will be allowed to move forward.

Sources:
Los Angeles Times — Toddler suffers brain injury at Bay Club El Segundo, lawsuit alleges