County of Los Angeles v. Superior Court

Good Law
127 Cal. App. 4th 1263·2005 Cal. App. LEXIS 492·2005 Daily Journal DAR 3675·26 Cal. Rptr. 3d 445·2005 Cal. Daily Op. Serv. 2746
Court of Appeal of CaliforniaMarch 29, 2005B178541California3,279 words

Opinion

Opinion

Spencer, J.

INTRODUCTION

Petitioner County of Los Angeles (County) seeks writ review of respondent Los Angeles Superior Court’s order denying its motion for summary judgment. The County contends this personal injury action, filed by real party in interest N.L., is time-barred by the California Tort Claims Act, in that suit was not commenced within six months after the County mailed its notice rejecting N.L.’s claim, as required by Government Code section 945.6 (section 945.6). N.L. counters that she commenced suit within eight years of attaining the age of majority and thus her action was timely under the statute of limitations applicable to victims of childhood sexual abuse (Code Civ. Proc., § 340.1 (section 340.1)). We conclude that the timeliness of N.L.’s action is governed by section 945.6, not section 340.1, and that her action is time-barred. We therefore grant the County’s petition.

BACKGROUND

On July 28 and 29 and August 2 and 4, 2001, an employee of the County sexually assaulted N.L. while she was housed in a juvenile facility. N.L. was 17 years old at the time. After being released from custody, N.L. left the country and lost contact with her mother for about six…

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