Bruce

Gerald Bruce, hereafter referred to as the plaintiff, brought this action by his guardian ad litem against the Jefferson Union High School District of San Mateo County, hereafter referred to as the defendant, to recover damages for personal injuries. Under Education Code section 1007, in effect at the time plaintiff’s cause of action arose, a claim for damages against the defendant was required to be filed within 90 days of injury. Plaintiff did not file such a claim within 90 days, nor did anyone do so on his behalf. In his amended complaint plaintiff sought to plead an estoppel against the defendant, but the trial court sustained a general demurrer to the amended complaint without leave to amend further, and thereupon entered judgment for the defendant. Plaintiff’s contention on this appeal is that his amended complaint stated facts sufficient to raise the issue of estoppel. We agree, and therefore reverse the judgment.

The amended complaint, here summarized, alleged: That during orientation week students were informed that the school maintained insurance; that any pupil who was injured must immediately report such injury to the school nurse; that failure to report would…