VC

V.C. v. Los Angeles Unified School District

Good Law
139 Cal. App. 4th 499·2006 Cal. App. LEXIS 717·2006 Daily Journal DAR 5843·43 Cal. Rptr. 3d 103·2006 Cal. Daily Op. Serv. 3986
Court of Appeal of CaliforniaApril 18, 2006B184022California7,001 words

Opinion

Opinion

Todd, J.

Plaintiff and appellant V.C., a minor, by and through her guardian ad litem Maria O., appeals from an order dismissing her complaint with prejudice following the trial court’s order sustaining a demurrer without leave to amend filed by defendant and respondent Los Angeles Unified School District (District). The trial court found that V.C.’s complaint was barred by her failure to present a claim or seek to present a late claim within the time limits specified by Government Code sections 911.2 and 911.4, respectively. Though we are dismayed by the result that V.C. has no immediate recourse against the District for its own and its employee’s abhorrent conduct, we must affirm the judgment. V.C. neither presented a claim within six months of the accrual of her cause of action, nor sought leave to present a late claim within one year of accrual. Moreover, there is no basis for her to amend her complaint to allege that her cause of action did not accrue by reason of either delayed discovery or equitable estoppel.

FACTUAL AND PROCEDURAL BACKGROUND

On appeal from a judgment of dismissal following a demurrer sustained without leave to amend, we assume the truth of all…

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