L.A. Unified School District v. Superior Court
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The Supreme Court affirmed the judgment of the court of appeal determining that Cal. Gov. Code 818, a provision within the Government Claims Act, shields public entities from liability for enhanced damages under Cal. Code Civ. Proc. 340.1(b)(1), holding that the court of appeal did not err.
At issue was whether enhanced damages could be awarded under section 340.1(b)(1) against a public entity named as a defendant in a lawsuit for childhood sexual assault or whether such awards were prohibited under section 818, which specifies that a public entity may not be held liable in tort for "damages imposed primarily for the sake of example and by way of punishing the defendant." The court of appeal concluded that the treble damages provision in section 340.1 does not have a compensatory function and that its primary purpose is to punish past childhood sexual abuse coverups and deter future abuse. The Supreme Court affirmed, holding that section 818 prohibits an award of enhanced damages under section 340.1(b)(1) against a public entity.
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