Case Summary

5026 REVIEW DENIED. In sexual assault of child cause of action accruing before January 1, 2009 against a school district, the plaintiff must present the claim within 6 months under the Government Tort Claims Act; delayed discovery of the assault does not automatically extend the 6 months period but instead must be pled by alleging facts in the complaint that will invoke the discovery rule; this problem has been fixed for post January 1, 2009 claims because the Government Tort Claims Act has been amended to provide longer periods for reporting childhood sexual assault.

S.M. v LOS ANGELES SCHOOL DISTRICT (More Time, Too Late) 184 CA4 712 REV DENIED [See GovCode §905(m); CCP §340.1; Curtis T v County of L.A., 123 CA4 1405]