A.B.

A.B. v. County of Kern

Good Law
United States District Court, Eastern District of CaliforniaNovember 9, 20201:20-cv-01337California3,231 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 A.B., ) Case No.: 1:20-cv-1337- NONE JLT ) 12 Plaintiff, ) FINDINGS AND RECOMMENDATIONS ) DENYING PLAINTIFF’S MOTION FOR RELIEF 13 v. ) FROM THE GOVERNMENT TORT CLAIM ) PRESENTATION REQUIREMENT 14 COUNTY OF KERN, et al., ) ) (Doc. 11) 15 Defendants. ) ) 16 ) ) 17

18 Plaintiff A.B. asserts that in February 2019, her rights arising under federal and state law were 19 violated by Deputy Michael Clark and the County of Kern. She contends she suffered gender violence 20 in and sexual battery in violation of California law, as well as several civil rights violations. (See 21 generally Doc. 13) Plaintiff seeks relief from the government tort claim presentation requirement 22 pursuant to Cal. Gov’t Code § 946.6. (Doc. 11) The County opposes the motion, arguing Plaintiff’s 23 failure to comply with the tort claim deadline was not due to excusable neglect or subject to estoppel. 24 (Doc. 17) Because this Court…

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