New CA Civil Procedure/Torts Case


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Can a plaintiff recover treble damages for childhood sexual abuse against a public entity?

Can a plaintiff recover treble damages for childhood sexual abuse, under California Code of Civil Procedure section 340.1 (b)(1), against a public entity? Last month, the California Supreme Court addressed this issue. 

New CA 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.)

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