Judge Thomas D. Long, Case Number: 23STCV11866, Date: 2024-05-02 Tentative Ruling

On June 20, 2023, Plaintiff J.A. filed a first amended complaint (“FAC”) against Defendant Los Angeles Unified School District arising from childhood sexual abuse.

The parties’ requests for judicial notice of trial court orders in other cases are denied. These orders are unpublished and nonprecedential. (See Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [“a written trial court ruling has no precedential value”].)

A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) “Because a demurrer challenges defects on the face of the complaint, it can only refer to matters outside the pleading that are subject to judicial notice.” (Arce ex rel. Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 556.)

Defendant argues that the retroactive application of AB 218 violates Article XVI, Section 6 of the California Constitution.

Under the Government Claims Act, no person may sue a public entity or public employee for money or damages unless a timely written claim has been presented to and denied by the public entity. (County of Los Angeles v. Superior Court (2005) 127 Cal.App.4th 1263, 1267.) Absent an applicable exception, failure to timely present a claim for money or damages to a public entity bars a plaintiff from filing suit against that entity bars a plaintiff from filing a lawsuit against that entity. (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.)

Currently, claims brought under Code of Civil Procedure section 340.1 for damages resulting from childhood sexual abuse are exempt from the claims presentation requirement. (See Gov. Code, § 905, subd. (m).) Before the passage of AB 218, Government Code section 905, subdivision (m) limited the exception to the claim presentation requirement to childhood sexual abuse claims arising out of conduct occurring on or after January 1, 2009. When AB 218 became law in October 2019, it amended section 340.1 to revive expired claims and enlarged the time to file suit. AB 218 also (1) amended Government Code section 905, subdivision (m) by deleting the language limiting the claim presentation exception to claims arising out of conduct occurring on or after January 1, 2009, and (2) added Government Code section 905, subdivision (p), which made this change retroactive.

Defendant challenges AB 218 as unconstitutional in that it violates California Constitution, Article XVI, section 6, which prohibits gifts of public funds (also referred to by the parties as the “Gift Clause”). The Gift Clause states, in relevant part, that the Legislature shall have no “power to make any gift or authorize the making of any gift, of any public money or thing of value to any individual, municipal or other corporation whatever.” (Cal. Const., art. XVI, § 7.) “[T[he term ‘gift’ includes ‘all appropriations of public money for which there is no authority or enforceable claim, even if there is a moral or equitable obligation.’” (Jordan v. California Dept. of Motor Vehicles (2002) 100 Cal.App.4th 431, 450 [citing Conlin v. Board of Supervisors (1893) 99 Cal.17, 21-22 (Conlin)].)

Defendant argues that AB 218 is a gift of public funds that violates the Gift Clause by excusing compliance with the Government Claims Act. Importantly, Defendant does not dispute that the Legislature’s authority to enlarge or amend a statute of limitations to revive claims; instead, it argues that timely claim presentation is a substantive element of any cause of action against a public entity and is not merely a procedural requirement. Therefore, Defendant contends, AB 218 is unconstitutional because it creates liability for past acts where no right to recovery previously existed. Defendant relies on California Supreme Court cases which it admits are old but insists are still on point and therefore are controlling. In one of these cases, Chapman v. State (1894) 104 Cal. 690, 693, the Supreme Court stated that “the legislature has no power to create a liability against the state for any . . . past act of negligence.” Subsequently, in Heron v. Riley (1930) 209 Cal. 507, 517, the Supreme Court stated that the imposition of liability for a past act of negligence “would, in effect, be the making of a gift.”

Defendant argues that its demurrer should be sustained because Plaintiff was allegedly abused and assaulted several decades ago, but did not timely submit a claim. Defendant argues that after Plaintiff failed to submit a claim, Defendant became immune from liability, and AB 218, which retroactively strips this immunity away, should be invalidated.

In opposition, Plaintiff largely argues that the Legislature is permitted to waive an established immunity and create liability as long as there is a “public purpose.” Plaintiff cites County of Alameda v. Carleson (1971) 5 Cal.2d 730, 745-746 (Carleson), in which the California Supreme Court stated: “It is generally held that in determining whether an appropriation of public funds is to be considered a gift, the primary question is whether the funds are to be used for a ‘public’ or ‘private’ purpose; the benefit to the state from an expenditure for a public purpose is in the nature of consideration and the funds expended are therefore not a gift even though private persons are benefited therefrom.” The court further stated that “[t]he determination of what constitutes a public purpose is primarily a matter for the Legislature to determine and its discretion will not be disturbed by the courts so long as that determination has a reasonable basis.” (Carleson, supra, 5 Cal.2d at p. 746.) Plaintiff then extensively cites to the legislative history of AB 218 to describe its clear and established public purpose provide tort relief to victims of child sexual abuse and hold perpetrators and institutions accountable. Plaintiff argues that the public purpose serves as the consideration for the expenditure of public funds and is therefore consistent with the Gift Clause.

In reply, Defendant cites Conlin and argues that retroactively imposing liability on public entities for unenforceable claims, as a matter of law, serves no public purpose. Defendant also cites Orange County Foundation v. Irvine Co. (1983) 139 Cal.App.3d 195, 200 (Orange County Foundation) for the proposition that the appropriation of public funds for the payment of unenforceable claims serves no public purpose. That case held that the settlement of a good faith dispute between the state and a private party is an appropriate use of public funds and is not a gift “because the relinquishment of a colorable legal claim in return for settlement funds paid by the State is good consideration and accomplishes a valid public purpose.” (Orange County Foundation, supra, 139 Cal.App.3d 195 at p. 200.) However, if the claim is invalid or unfounded, a promise to compromise “is not valuable consideration.” (Id. at p. 201.)

Here, the Court is unpersuaded that the Legislature lacks the power to revive lapsed claims and exempt said claims from the claim presentation requirement of the Government Tort Claims Act. This case is distinguishable from those cited by Defendant, in which the legislature appropriated funds to pay specific individuals (see Bourn v. Hart (1892) 93 Cal. 321; Conlin v. Board of Supervisors (1893) 99 Cal.17) or passed legislation that a specific class of persons would be paid a specified amount out of the counties’ general funds (see Powell v. Phelan (1903) 138 Cal. 271). AB 218 does neither of these things, but rather revives previously time-barred claims that still must be proven in a court of competent jurisdiction in the manner provided by law, consistent with due process requirements.

The cases Defendant relies on also predate the Government Claims Act, enacted in 1963. Before the Government Claims Act was enacted, “tort liability for public entity defendants was barred by a common law rule of governmental immunity. Over time, however, the common law rule became ‘riddled with exceptions,’ both legislative and judge made, and in 1961 this court abolished the rule altogether [in Muskopf v. Corning Hospital Dist. (1961) 55 Cal.2d 211].” (Quigley v. Garden Valley Fire Protection Dist. (2019) 7 Cal.5th 798, 803.)

More than a decade after the Government Claims Act was passed, the California Supreme Court pronounced that “Government Code section 815 restores sovereign immunity in California except as provided in the Tort Claims Act or other statute.” (Williams v. Horvath (1976) 16 Cal.3d 834.) Even if the Legislature confined potential governmental liability to “rigidly delineated circumstances,” the Court is not persuaded that the Legislature is barred from changing those circumstances; it is also not persuaded that the Legislature necessarily “creates” liability” when it eliminates a statutory immunity (in the form of the prefiling claims requirement) that previously applied to a negligent act that occurred in the past.

The demurrer is OVERRULED. Defendant is ordered to file an answer within 10 days. (California Rules of Court, rule 3.1320(j)(1).)

A court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436, subds.(a)-(b).)

Defendant moves to strike Paragraphs 53-55 and the Prayer for statutory treble damages. “Government Code section 818 prohibits the imposition of enhanced damages under Code of Civil Procedure section 340.1, subdivision (b)(1) against a public entity.” (Los Angeles Unified School Dist. v. Superior Court (2023) 14 Cal.5th 758, 790.)

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

Hon. Thomas D. Long

Judge of the Superior Court