Christopher P. v. Mojave Unified School District

Christopher P., a minor, through his guardian ad litem (appellant), appeals from an order denying his petition, pursuant to Government Code section 946.6, for relief from the claim filing statutes. The issue presented is whether Mojave Unified School District (District) is estopped from relying on Christopher’s noncompliance with the claims statutes because its employee’s admonition to Christopher not to report an incident of sexual molestation prevented timely pursuit of his claim. We hold that such conduct is sufficient to raise an estoppel and reverse the judgment.

Facts and Procedural History

According to the evidence presented in support of the petition for relief, 11-year-old Christopher was sexually molested by a District teacher, Curtis Jacquot, during a school field trip on November 9, 1989. After the incident was over, Jacquot told Christopher “not to tell anyone because ‘it was not supposed to happen.’ Mr. Jacquot said this in such a way that I felt afraid of what Mr. Jacquot might do to me.” As a result, Christopher did not report the incident until May 16, 1990, when he was questioned by sheriffs’ officers who were investigating another sexual abuse…