In S.M. v. Los Angeles Unified School District, published May 13, 2010, the Second District Court of Appeal held that a minor’s belief that a defendant injured the minor through wrongdoing may trigger accrual of the minor’s cause of action -- and start the minor’s time to present a claim running -- even if the minor’s parent does not know of the alleged wrongdoing. The court affirmed summary judgment for the defendant district on the ground that the minor plaintiff’s claim for negligent supervision of a teacher was untimely. The minor testified that when her fourth-grade teacher allegedly touched her inappropriately, she believed the act was wrong. Even though the minor was ten at the time, the evidence showed that she suspected wrongdoing and her cause of action accrued. The court noted that the result could be different if the evidence showed the minor was incapable of suspecting the wrongfulness of the alleged act.
The court also rejected the plaintiff's argument that the district was estopped from asserting the claim issue, because the plaintiff was afraid to accuse the teacher of wrongdoing. To establish estoppel, the plaintiff must present evidence of an affirmative act of intimidation or violence intended to deter the child from speaking up.
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