Doe 2826 v. Doe School District CA5

BACKGROUND

Our background summary is based on the complaint, attendant filings, and procedural history. No facts have been determined. Doe’s childhood-sexual-assault complaint alleges a school district’s employee- teacher abused him when Doe was a minor student. Consistent with section 340.1, Doe filed merit certificates to prove to “the court” “there [was] a reasonable and meritorious cause for the filing of the action ….” (§ 340.1, subds. (e)-(h).)

2 Principally, Doe marshals Senate Bill No. 558 (2023-2024 Reg. Sess.) (Stats. 2023, ch. 877, § 1) which created section 340.11. Section 340.11 went into effect on January 1, 2024, and it deletes “the requirement that the relevant certificates of merit set forth the facts supporting the relevant declarations” in claims—like the ones in this case—for “sexual assault that occur[s] before January 1, 2024.” (Sen. Rules Com., Off. of Sen. Floor Analyses, Unfinished Business on Sen. Bill No. 558 (2023-2024 Reg. Sess.) Sept. 11, 2023, p. 4.) Because we otherwise reverse the trial court’s ruling and remand for further proceedings, we need not determine whether Senate Bill No. 558 applies retroactively to nonfinal cases on appeal, nor…