A.S. v. Palmdale Sch. Dist.
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After an elementary school teacher grabbed and twisted A.S.’s arm, his mother (and guardian ad litem) filed a complaint form with the Palmdale School District (District) on his behalf. They then filed a lawsuit for damages against the District, its superintendent, the assistant superintendent, the elementary school principal, and the teacher. The trial court sustained the District’s demurrer to Appellant’s third amended complaint on the ground Appellant failed to file a claim with the District in compliance with Government Code section 910.2 Appellant appealed from the subsequent judgment of dismissal.
The Second Appellate District affirmed. The court explained that Appellant specified several administrative actions that he wanted the District to take but did not state he was seeking monetary damages and made no attempt at all to estimate, even roughly, an amount of damages or state whether or not the claim would be a limited civil case. Accordingly, the court held that the complaint form does not substantially comply with section 910. Further, the court explained that even if it assumes that all of the elements of equitable estoppel were initially present, the law recognizes that circumstances may change and render estoppel no longer appropriate. Here, Appellant’s counsel is charged with the knowledge that Appellant needed to file a claim for damages with the District and with the knowledge of what was required for such a claim. Given that counsel possessed the relevant facts about the incident, had the original complaint form, and was actually aware of the statutory requirements for suing a governmental entity, this was ample time.
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