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

The Legislature exempted a government claim to a local public entity on a childhood sexual abuse action from the claim presentation requirement of the Government Claims Act, but permitted local public entities to impose their own claim presentation requirements. The Court of Appeal granted a writ of mandate directing the trial court to vacate its order overruling petitioners' demurrers to Jane Doe's first amended complaint, and to enter a new order sustaining their demurrers. The demurrers were based on Doe's failure to present a government claim to petitioner school district before commencing her judicial action against petitioners. In this case, Doe failed to allege timely compliance with the district's claim presentation requirement, or an excuse for failure to comply. Therefore, the court held that petitioners' demurrers to the first amended complaint should have been sustained. View "Big Oak Flat-Groveland Unified School District v. Superior Court" on Justia Law