Last month, the California Supreme Court published a new decision addressing this issue. To find out what they decided, watch the video and read my case summary below.
New CA Code of Civil Procedure/Torts Decision
L.A. Unified School Dist. v. Superior Court of Los Angeles County (2023) 14 Cal.5th 758: The California Supreme Court affirmed the Court of Appeal’s decision, and concluded that Code of Civil Procedure section 340.1 (b)(1), which allows the recovery of treble damages when a plaintiff suing in tort for childhood sexual assault proves that the assault was as the result of a cover up, cannot be awarded against a public entity because they are prohibited by Government Code 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. (June 1, 2023.)
If you'd like to always know the new case law in your practice area, you can get my one-paragraph summaries, organized by legal topic, of every new civil case published in California each month, quarter and year by subscribing to California Case Summaries™. To subscribe, click here.
I still take a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.
I train attorneys to become excellent trial lawyers, and I train law firm associates to quickly become excellent attorneys. To start working with me email me at [email protected] or call me at (619) 990-4312.
I help attorneys and their clients by serving as a mediator, arbitrator and referee at ADR Services, Inc., handling cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule an ADR matter with me, contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600 or (619) 233-1323.
Until my next blog post, stay safe and healthy.
Monty A. McIntyre, Esq.
Civil Trial Attorney
Master Lawyer Mentoring™
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]