A.M.

A.M. v. Ventura Unified School Dist.

Good Law
2016 Cal. App. LEXIS 851·208 Cal. Rptr. 3d 234·3 Cal. App. 5th 1252
Court of Appeal of CaliforniaOctober 12, 20162d Civil B266650California4,929 words

Opinion

Opinion

Perren, J.

*1254 D.G., as guardian ad litem for her minor daughter, A.M. (appellant), sued the Ventura Unified School District (District), Michael Tapia, and Gwen Fields (collectively respondents) for negligence. Appellant alleged, among other things, that respondents negligently allowed male students to sexually abuse her while at school. The trial court granted summary judgment for respondents, concluding that appellant *236 failed to file the required government tort claim with the District.

Appellant concedes she did not file a tort claim, but asserts she was excused from doing so pursuant to Government Code section 905, subdivision (m), which exempts "[c]laims made pursuant to Section 340.1 of the Code of Civil Procedure for the recovery of damages suffered as a result of childhood *1255 sexual abuse." Section 340.1, subdivisions (a)(2) and (b)(1) set forth the limitations period for bringing actions "for liability against any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff." Such actions must be commenced before the…

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