Shirk v. Vista Unified School District

Summary

The California Supreme Court held that Code of Civil Procedure section 340.1, subdivision (c), which revived certain childhood sexual abuse claims for 2003, did not revive the government claims presentation deadline for claims against public entities. Because the plaintiff failed to present a timely claim to the school district after the alleged abuse, her negligence claims against the district remained barred. The court reversed the Court of Appeal.

Holdings

1. Code of Civil Procedure section 340.1, subdivision (c), did not revive the government-claims presentation deadline for a childhood sexual abuse claim against a public entity. The revival provision applied only to causes of action barred solely by expiration of the applicable statute of limitations.
2. Shirk's duty to present a government claim arose when her childhood sexual abuse claim accrued, not when she discovered in 2003 that her adult psychological injury was attributable to the abuse.
3. The School District's demurrer was properly sustained because Shirk failed to present a timely government claim, and the 2003 revival statute did not cure that failure.

Questions Presented

1. Whether Code of Civil Procedure section 340.1, subdivision (c), which revived certain childhood sexual abuse claims barred solely by expiration of the statute of limitations, also revived the government-claims presentation deadline for claims against public entities.
2. Whether Shirk's claim accrued for purposes of the government-claims statute when she discovered in 2003 that her psychological injury was caused by the earlier sexual abuse.

Disposition

reversed