New CA Civil Procedure/Torts CaseJul 11, 2023
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New CA Civil Procedure/Torts Case
Can A Victim of Childhood Sexual Abuse Get Treble Damages Against a Public Entity?
Can a victim of childhood sexual abuse get treble damages against a public entity? Last month, the California Supreme Court addressed this issue. My one-paragraph summary of the case is below.
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.)
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I help attorneys and their clients throughout California as a mediator, arbitrator and referee at ADR Services, Inc. I handle business, commercial, employment, insurance (bad faith, coverage, UIM), probate, real property, and tort (elder abuse, legal malpractice, medical malpractice, personal injury, product liability and wrongful death) cases. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. To schedule a new matter, please contact one of my case manager at ADR services, Ins., Haward Cho, [email protected], (213) 683-1600, or Rachael Boughan, [email protected], (619) 233-1323,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™
Podcaster: Masters In Tria™l
Publisher: California Case Summaries™
ABOTA Member Since 1995
Past President: San Diego County Bar Assn.
Past President: SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
California Case Summaries
A fast and easy way for California civil attorneys to always know the new case law in their practice areas.
You get a one-paragraph summary readable in 2 minutes, organized by legal topic, of every new California civil case published during the year.