Judge Bradley S. Phillips, Case Number: 22STCV21540, Date: 2024-10-02 Tentative Ruling

Judge: Bradley S. Phillips, Case: 22STCV21540, Date: 2024-10-02 Tentative Ruling

1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.

2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.

3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.

4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.

Case Number: 22STCV21540 Hearing Date: October 2, 2024 Dept: 26

¿¿¿1. If you wish to submit on the tentative ruling, please email the clerk at SMCdept26@lacourt.org (and "cc" all other parties in the same email) no later than 7:30 am on the day of the hearing, and please notify all other parties in advance that you will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the subject line and include your name, contact information, the case number, and the party you represent in the body of the email. If you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the motion, and the Court may decide not to adopt the tentative ruling.
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2. For any motion where no parties submit on the tentative ruling in advance, and no parties appear at the motion hearing, the Court may elect to either adopt the tentative ruling or take the motion off calendar, in its discretion.
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3. PLEASE DO NOT USE THIS EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT ON A TENTATIVE RULING. The Court will not read or respond to emails sent to this address for any other purpose.

TENTATIVE DECISION:

Defendant moves for judgment on the pleadings on the ground that Assembly Bill No. 218 (2019-2020 Reg. Sess.) (Stats. 2019, ch. 861, § 1) (“AB 218”) is an unconstitutional gift of public funds prohibited by Article XVI, Section 6 of the California Constitution. AB 218 provided a three-year window within which plaintiffs were permitted to bring childhood-sexual-assault claims against public entities that would otherwise be barred by statutes of limitations or claim presentation requirements.

Defendant’s motion is denied. The California Court of Appeal has held that AB 218 does not constitute an unconstitutional gift of public funds. West Contra Costa Unified School District v. Superior Court (2024) 103 Cal.App.5^th 1243. Although West Contra Costa Unified School District was cited by Plaintiff in his opposition, Defendant does not address it in its reply. The decision is binding on this Court. See Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450 (holding that decision of Second District Court of Appeal was binding on Superior Court of Santa Clara County).

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