Big Oak Flat-Groveland Unified Sch. Dist. v. Superior Court of Tuolumne Cnty.

*409 Petitioners, bring this writ petition, requesting that this court issue a writ of mandate directing the trial court to vacate its order overruling petitioners' demurrers *350 to Jane Doe's first amended complaint, and to enter a new order sustaining their demurrers. Petitioners' demurrers were based on Doe's failure to present a government claim to petitioner school district (district) before commencing her judicial action against petitioners. The trial court concluded Doe's claim was statutorily exempt from the claim presentation requirement. We are called upon to interpret the interaction of two provisions of the Government Claims Act ( Gov. Code, § 810, et seq. ; "the Act") to determine whether they required Doe to present a government claim to a local public entity on her cause of action for childhood sexual abuse under Code of Civil Procedure section 340.1 prior to filing suit on that claim. This presents a question of first impression. We conclude the Legislature exempted such claims from the claim presentation requirement of the Act, but permitted local public entities to impose their own claim presentation requirements, which the district did. Because Doe failed to…