Knapp

Knapp v. Palisades Charter High School

Good Law
146 Cal. App. 4th 708·2007 Cal. App. LEXIS 28·2007 Daily Journal DAR 489·53 Cal. Rptr. 3d 182·2007 Cal. Daily Op. Serv. 384
Court of Appeal of CaliforniaJanuary 10, 2007No. B185996California3,578 words

Opinion

lead Opinion

Zelon, J.

In this sexual harassment action, a visiting student appeals the trial court’s grant of summary judgment in favor of an incorporated charter high school, its teacher and the chartering school district on the ground that she failed to comply with and was not excused from meeting the claim presentation requirements of the Government Tort Claims Act (Gov. Code, 1 § 900 et seq.) (the TCA). Following Wells v. One2One Learning Foundation (2006) 39 Cal.4th 1164 [ 48 Cal.Rptr.3d 108 , 141 P.3d 225 ] (Wells), we conclude that, as an alleged nonprofit public benefit corporation, the charter school is not a “public entity” under the TCA. It is further not required to file identifying information on the Roster of Public Agencies under section 53051. Thus, claims against the incorporated charter need not satisfy the TCA. Accordingly, we reverse and remand with instructions.

*711 FACTUAL AND PROCEDURAL BACKGROUND

I. FACTS

The following facts are undisputed. Plaintiff and appellant Courtney Knapp lives with her parents in Pacific Palisades. Defendant and respondent Palisades Charter High School (PCHS), a California corporation 2 whose charter was granted by defendant and respondent…

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