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Will the Revival Statute for Childhood Sexual Abuse Claims - Code of Civil Procedure section 340.1 Abrogate the Tort Claims Act?
The California Supreme Court is to Hear the Case of Shirk v. Vista Unified School District
August 10, 2005
In County of Los Angeles v. Superior Court (2nd Dist., Mar. 29, 2005) 127 Cal. App.45h 1263, the Second District Court of Appeal, Division 1, reaffirmed the long standing protections afforded public entities under the Tort Claims Act. The County of Los Angeles opinion addressed a question of first impression, whether the statute of limitations for victims of childhood sexual abuse - CCP section 340.1 - trumped the Tort Claims Act. The Second District concluded it did not, and upheld the rule that absent express language of statutory intent to the contrary, "statutes of limitations applicable to suits against private defendants are inapplicable to actions against public entities...for which the filing of a claim is required".
In the case of Shirk v. Vista Unified School District (4th Dist., Apr. 5, 2005) 128 Cal. App.4th 156, 26 Cal. Rptr.3d 771, 781) the Fourth District Court of Appeal, Division 1,reached an opposite conclusion, holding that the revival statutes, section 340.1, extended the requirements of the Tort Claims Act. Jeffery Morris, partner with Stutz Artiano Shinoff & Holtz who represented Vista Unified School District indicated that the Court sought to determine the interplay of the Act and the language of section 340.1. The critical inquiry was found under subdivision (c) to 340.1 and whether Shirk's claim would "otherwise be barred as of January 1, 2003, solely because the applicable statute of limitations has or had expired," and then be revived under the terms of that subdivision". The court answered both questions in the affirmative based on an analysis of whether the legislative history and statutory language showed any intent to preclude public entities from the application of section 340.1.
The analysis in this case was inapposite to that employed in County of Los Angeles. County of Los Angeles sided with our well settled authority that the Legislature and the statute must express an intent to excuse victims of childhood sexual abuse from complying with the Act when the defendant is a public entity.
This case is one of compelling importance to public entities throughout California. The California Supreme Court has granted review of Shirk v. Vista Unified School District (2005) Daily Journal D.A.R. 7504, 30 Cal. Rptr. 3d 755. Six out of the seven members of the California Supreme Court agreed to hear the Petition of the Vista Unified School. The opening brief on the petition is due on August 22, 2005. The matter will likely be decided sometime in 2006.
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