K.J. v. Arcadia Unified Sch. Dist.

Full title: K.J., Plaintiff and Appellant, ARCADIA UNIFIED SCHOOL DISTRICT, Defendant…

Court: California Court of Appeals, Second District, Third Division

Date published: May 5, 2009

No. B209843 (Cal. Ct. App. May. 5, 2009)

Opinion

Page 674b

173 Cal.App.4th 674b __ Cal.Rptr.3d__ K.J., Plaintiff and Appellant, v. ARCADIA UNIFIED SCHOOL DISTRICT, Defendant and Respondent. B209843 California Court of Appeal, Second District, Third Division May 5, 2009

Los Angeles County Super. Ct. No. GC040211

THE COURT:

1. It is ordered that the opinion filed herein on April 7, 2009 [(172 Cal.App.4th 1229; 92 Cal.Rptr.3d 1).], be modified as follows:

On page 3, at the end of line 2 [172 Cal.App.4th 1234, advance report, 1st full par., last line], add the following new footnote:

During the pendency of this appeal, the Legislature amended section 905 by adding subdivision (m). Section 905, as amended, states in pertinent part: “There shall be presented in accordance with Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) all claims for money or damages against local public entities except: [¶]... [¶] (m) Claims 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. This subdivision shall apply only to claims arising out of conduct occurring on or after January 1, 2009.” (Stats. 2008, ch. 383, § 1, italics added.) This bill “exempts claims for childhood sexual abuse against a local public entity, arising out of conduct occurring on or after January 1, 2009, from the Government Tort Claims Act.” (Sen. Rules Com., Off. of Sen. Floor Analyses, August 8, 2008 Sen. Floor Analysis of Sen. Bill No. 640 (2007-2008 Reg. Sess.) as amended July 14, 2008, p. 1.)

The 2008 amendment, by its terms, does not apply to the instant case. However, in view of our conclusion herein with respect to K.J.’s appeal, it would appear the 2008 amendment is declaratory of existing law to the extent that it applies the delayed discovery doctrine to the accrual of a cause of action brought by an adult plaintiff against a public entity for childhood sexual abuse. (Code Civ. Proc., § 340.1, subd. (a).)

This modification will require renumbering of all subsequent footnotes.

There is no change in the judgment.