Last month, the California Supreme CourtĀ published a new decision addressing this issue. To find out what they decided, watch theĀ video and readĀ my case summary below.
New CA Code of Civil Procedure/Torts DecisionĀ Ā
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 Appealās 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.)
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