E.M.

E.M. v. Los Angeles Unified School District

Bad Law
125 Cal. Rptr. 3d 200·194 Cal. App. 4th 736·2011 Cal. App. LEXIS 466
Court of Appeal of CaliforniaApril 20, 2011No. B221206California4,510 words

Opinion

Lead Opinion

Klein, J.

Plaintiff and appellant E.M. (plaintiff), who was sexually molested by a basketball coach, appeals an order dismissing her tort action against defendants and respondents Los Angeles Unified School District (the District), and Andre LaBeach (LaBeach), Andre Chevalier and Michelle Chevalier in their capacity as employees and/or agents of the District (sometimes collectively referred to as the District).

The essential issue presented is whether plaintiff duly filed a government claim prior to filing suit against the District.

We conclude plaintiff satisfied the claim presentation requirement of the Tort Claims Act. (Gov. Code, §§ 900 et seq., 945.4.) 1 Because plaintiff was a minor, her application for leave to file a late claim, filed less than one year after accrual of the cause of action, is deemed timely. (§ 911.4, subd. (b); § 911.6, subd. (b)(2).) Further, the subsequent lawsuit, filed within six months of the District’s rejection of the late claim application, likewise was timely. (§ 945.6, subd. (a)(1).)

Accordingly, we reverse and remand with directions to reinstate the action.

*739 FACTUAL AND PROCEDURAL BACKGROUND

1. Criminal proceedings.

On June 2, 2008,…

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