V.C. v. Los Angeles Unified School Dist.

• Decision Date: 18 April 2006
• Docket Number: No. B184022.,B184022.
• Citation: 43 Cal.Rptr.3d 103,139 Cal.App.4th 499
• Court: California Court of Appeals Court of Appeals
• Parties: V.C., a Minor, etc., Plaintiff and Appellant, v. LOS ANGELES UNIFIED SCHOOL DISTRICT, Defendant and Respondent.

43 Cal.Rptr.3d 103

139 Cal.App.4th 499

V.C., a Minor, etc., Plaintiff and Appellant, v. LOS ANGELES UNIFIED SCHOOL DISTRICT, Defendant and Respondent.

No. B184022.

Court of Appeal, Second District. Division 2.

April 18, 2006.

The Cifarelli Law Firm, Thomas A. Cifarelli, Santa Ana and Dawn M. Smith for Plaintiff and Appellant.

Gutierrez, Preciado & House, Arthur Preciado and Calvin House, Pasadena, for Defendant and Respondent.

DOI TODD, Acting P.J Plaintiff and appellant V.C., a minor, by and through her guardian ad litem Maria O., appeals from an order dismissing her complaint with prejudice following the trial court's order sustaining a demurrer without leave to amend filed by defendant and respondent Los Angeles Unified School District (District). The trial court found that V.C.'s complaint was barred by her failure to present a claim or seek to present a late claim within the time limits specified by Government Code sections 911.2 and 911.4, respectively. Though we are dismayed by the result that V.C. has no immediate recourse against the District for its own and its employee's abhorrent conduct, we must affirm the judgment. V.C. neither presented a claim within six months of the accrual of her cause of action, nor sought leave to present a late claim within one year of accrual. Moreover, there is no basis for her to amend her complaint to allege that her cause of action did not accrue by reason of either delayed discovery or equitable estoppel.

FACTUAL AND PROCEDURAL BACKGROUND

On appeal from a judgment of dismissal following a demurrer sustained without leave to amend, we assume the truth of all well-pleaded facts, as well as those that are judicially noticeable.¹ (Howard Jarvis Taxpayers Assn. v. City of La Habra (2001) 25 Cal.4th 809, 814, 107 Cal.Rptr.2d 369, 23 P.3d 601; Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58.)

According to the complaint, middle school teacher Ignacio Castro repeatedly sexually molested V.C. between 2001 and 2003, when she was ages 11 to 13. Judicially-noticed documents showed that for much of that period V.C.'s mother was aware that V.C. had been ditching her classes and spending the time in Castro's classroom. She had V.C. and Castro sign a form stating that they would not have contact with each other. She also discussed the matter with an assistant school principal, telling him that "she does not want [V.C.] inside Mr. Castro's classroom" because she "suspected for a long time that something was going on between [V.C.] and Mr. Castro." The assistant principal responded that he could not do anything if V.C., herself, was not alleging any misconduct on Castro's part. Finally, in July 2003, V.C.'s mother expressed her concerns about Castro to the District in writing, indicating that he had no business being near her daughter and that she was worried about her daughter's safety. Castro was arrested on August 15, 2003, and subsequently convicted and imprisoned for his sexual abuse of V.C.

On September 17, 2004, V.C. presented her claim for damages against the District. The District rejected it as untimely on September 28, 2004. On October 7, 2004, V.C. applied for permission to present a late claim, which the District likewise rejected as untimely.

In December 2004, V.C., by and through her guardian ad litem, filed her complaint against the District and Castro, as well as a separate action seeking relief from the claim presentation requirement. She alleged causes of action for negligence — framed as five separate causes of action for negligent hiring, retention and supervision; negligence in the failure to take reasonable protective measures; negligence in the breach of duties arising from a special relationship; negligent breach of fiduciary duty; and a negligent violation of statutory duties—as well as causes of action for negligent and intentional infliction of emotional distress, sexual assault and sexual battery. In January 2005, the trial court granted V.C.'s petition, thereby relieving her from the claim requirement and permitting her to proceed on her complaint.

The District demurred, primarily on the ground that V.C. failed to comply with the Tort Claims Act in that she neither presented a written claim within six months of the accrual of her cause of action (Gov. Code, § 911.2) nor applied for leave to file a late claim within one year of accrual (Gov.Code, § 911.4).² In her opposition to the demurrer, V.C. argued that Code of Civil Procedure section 340.1 (section 340.1), which permits an individual to commence a cause of action alleging childhood sexual abuse up to eight years after the individual attains the age of majority, must be construed to provide that her cause of action would accrue—at the earliest — when V.C. reached the age of majority. In view of this statute, she argued that she was not required to present a claim at this time because her cause of action had not yet accrued.

The trial court sustained the demurrer without leave to amend, ruling that V.C.'s "causes of action against the Los Angeles Unified School District are barred as a matter of law because Plaintiff failed to timely comply with the requirements of the California Tort Claims Act; and [¶] ... [t]he timeliness of a claim against a public entity for childhood sexual abuse is governed by Government Code section 945.6, not Code of Civil Procedure section 340.1." The trial court ordered that the complaint be dismissed with prejudice. This appeal followed.

DISCUSSION

V.C. contends that the trial court erred in sustaining the District's demurrer and dismissing her case for two independent reasons. First, she contends that the limitations period for filing her complaint is governed solely by section 340.1 and that legislative history shows she is entitled to rely on that provision without regard to the claims filing requirement. She asserts that her claim was timely given the accrual date of her cause of action dictated by section 340.1. Second, she contends that the doctrines of delayed discovery and equitable estoppel mandated delaying the accrual of her cause of action and that she should have been permitted leave to amend to allege facts supporting the application of those doctrines.

On appeal, we review the trial court's sustaining of a demurrer without leave to amend de novo, exercising our independent judgment as to whether a cause of action has been stated as a matter of law. (People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300, 58 Cal.Rptr.2d 855, 926 P.2d 1042; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125, 271 Cal.Rptr. 146, 793 P.2d 479.) We assume the truth of properly pleaded allegations in the complaint and give the complaint a reasonable interpretation, reading it as a whole and with all its parts in their context. (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558, 71 Cal.Rptr.2d 731, 950 P.2d 1086; People ex rel. Lungren, supra, at p. 300, 58 Cal.Rptr.2d 855, 926 P.2d 1042.) However, we may disregard allegations which are contrary to law or to a fact of which judicial notice may be taken. (Wolfe v. State Farm Fire & Casualty Ins. Co. (1996) 46 Cal.App.4th 554, 559-560, 53 Cal.Rptr.2d 878; Interinsurance Exchange v. Narula (1995) 33 Cal. App.4th 1140, 1143, 39 Cal.Rptr.2d 752.)

We apply the abuse of discretion standard in reviewing the trial court's denial of leave to amend. (Blank v. Kirwan, supra, 39 Cal.3d at p. 318, 216 Cal.Rptr. 718, 703 P.2d 58; Hernandez v. City of Pomona (1996) 49 Cal.App.4th 1492, 1497-1498, 57 Cal.Rptr.2d 406.) When a demurrer is sustained without leave to amend we determine whether there is a reasonable probability that the defect can be cured by amendment. (Leibert v. Transworld Systems, Inc. (1995) 32 Cal.App.4th 1693, 1701, 39 Cal.Rptr.2d 65.) The appellant bears the burden of proving the trial court erred in sustaining the demurrer or abused its discretion in denying leave to amend. (Blank v. Kirwan, supra, at p. 318, 216 Cal.Rptr. 718, 703 P.2d 58; Coutin v. Lucas (1990) 220 Cal.App.3d 1016, 1020, 270 Cal.Rptr. 93.)

Having independently reviewed the complaint and the documents which V.C. requested that we judicially notice, we conclude that the trial court properly sustained the District's demurrer without leave to amend. We find that a timely government claim is a prerequisite to V.C.'s maintaining this action against the District, notwithstanding the provisions of section 340.1. The record shows that V.C. neither presented a written claim within six months of when her cause of action accrued nor applied for leave to file a late claim within one year of accrual. Moreover, we find no abuse of discretion in denying leave to amend, as the record shows that V.C.'s complaint could not be amended to allege facts supporting either delayed discovery or equitable estoppel.

I. The Tort Claims Act.

According to Government Code section 815, subdivision (a), all governmental liability is governed by statute. (Gov.Code, § 815, subd. (a); Creason v. Department of Health Services (1998) 18 Cal.4th 623, 630, 76 Cal.Rptr.2d 489, 957 P.2d 1323 ["The California Tort Claims Act provides that a public entity is not liable for injury arising from an act or omission except as provided by statute"].) As explained in Curtis T. v. County of Los Angeles (2004) 123 Cal. App.4th 1405, 1414, 21 Cal.Rptr.3d 208 (Curtis T.), "governmental entities are immune from being sued unless the Legislature has specifically provided otherwise. The [Tort Claims] Act sets forth the limited circumstances under which the state and other political subdivisions may be sued and the applicable procedural requirements."

Government Code section 900 et seq., part of the Tort Claims Act, "prescribes the manner in which public entities may be sued." (Chalmers v. County of Los Angeles (1985) 175 Cal.App.3d 461, 464, 221 Cal.Rptr. 19.) Government Code section 945.4 provides that "`no...