California Appellate Tracker

Big Oak Flat-Groveland Unified School Dist. v. Superior Court

March 25, 2018

A local governmental agency may require the pre-suit filing of an administrative claim for childhood sexual abuse, barring a suit if no claim is filed first.

Gov. Code 905(m) exempts claims for childhood sexual abuse brought under CCP 340.1 from the government claim filing requirement but Gov. Code 935 provides that claims against a local governmental agency not governed by the Government Tort Act are governed by the procedure prescribed by the local governmental agency, which may include a claim-filing requirement. Here, the defendant local school board did adopt a policy requiring the timely filing of a claim. So it governed plaintiff’s childhood sexual abuse cause of action. As plaintiff had not filed a claim with the board within the time prescribed, her suit had to be dismissed.

California Court of Appeal, Fifth District (Hill, P.J.); February 22, 2018 (published March 16, 2018); 2018 WL 1357888

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Big Oak Flat-Groveland Unified School Dist. v. Superior Court

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