A.M. v. Ventura Unified Sch. Dist.
Annotate this CasePlaintiff, as guardian ad litem to her minor daughter, filed suit against the District and others, alleging that defendants negligently allowed male students to sexually abuse her while at school. The trial court granted summary judgment to defendants because plaintiff failed to file the required government tort claim with the District. Plaintiff asserts that she was excused from filing a tort claim under Government Code section 905, subdivision (m), which exempts “[c]laims made pursuant to Section 340.1 of the Code of Civil Procedure for the recovery of damages suffered as a result of childhood sexual abuse.” The court concluded that, because section 340.1 provides the limitations period for the daughter's claims of childhood sexual abuse, she was exempt from filing a tort claim under Government Code section 905, subdivision (m). In this case, the court explained that the trial court erred by concluding the exemption applies only if the alleged childhood sexual abuse was committed by an employee, volunteer, representative or agent of the public entity. Accordingly, the court reversed and remanded.
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