In A.M. v. Ventura Unified School District, published October 12, 2016, the Second District Court of Appeal reversed summary judgment granted to the defendant school district. The plaintiff alleged that when she was a second grade student, fellow students sexually abused her. She sued the school district, alleging negligent failure to prevent the sexual abuse. She did not present a claim to the school district. She relied on Government Code section 905, subdivision (m), which excludes from the claim-presentation requirement claims for childhood sexual abuse under Code of Civil Procedure section 340.1. The trial court concluded that section 340.1 did not apply to the plaintiff's allegations, and that it applied only to sexual abuse by an employee, volunteer, representative, or agent of the defendant.
The appellate court rejected the trial court's reasoning. Government Code section 905, subdivision (m), exempts from the claim-presentation requirements any cause of action for childhood sexual abuse under Code of Civil Procedure section 340.1. The court interpreted section 340.1 as applying to sexual abuse of a child by fellow children. The language about sexual abuse by an employee, volunteer, etc. was set forth in an exception to the statute of limitations in section 340.1, which generally cut off suits after the plaintiff's 26th birthday. Since the plaintiff was under 26, the exception was not at issue. The court rejected the plaintiff's argument that section 340.1 applied only to suits by adults for childhood sexual abuse. It further ruled that because the plaintiff's allegations fell under one of the Penal Code sections described in section 340.1's definition of sexual abuse, the plaintiff had alleged that she suffered sexual abuse and section 340.1 applied. The plaintiff therefore did not have to present a claim to the District before suing it for alleged negligence in allowing the abuse to occur.
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