S.O.

BACKGROUND

On March 4, 2022, plaintiff filed this action against the District. He alleges that, in 1977, when he was 10 years old and a student at an elementary school within the District, he was repeatedly sexually abused by a District employee on school grounds. Although he reported the abuse to the school’s vice principal, the District did nothing to stop it, and the abuse continued for approximately one year. Based on these allegations, the operative complaint asserts causes of action for negligence and negligent hiring, retention, and supervision against the District. Because the employee’s alleged conduct constituted “ ‘childhood sexual assault’ as defined in California Code of Civil Procedure section 340.1,” the pleading states it is “exempt from the claims presentation requirement set forth in the [Government] Claims Act,” as amended by Assembly Bill No. 218. (See Gov. Code, § 905, subd. (m).) The District moved for judgment on the pleadings, arguing Assembly Bill No. 218 violates the gift clause of our state constitution to the extent the legislation “purports to retroactively strip statutory governmental immunity from public entities.” At the time of the alleged…