AB 2959 – Clarifies Existing Law And Provides That A Claim For Damages Resulting From Childhood Sexual Assault Is Not Required Prior To Initiating An Action

CATEGORY: Public Education Matters
CLIENT TYPE: Public Education
DATE: Oct 28, 2022

Existing law requires that specified actions for recovery of damages suffered as a result of childhood sexual assault be commenced within 22 years of the date the plaintiff attains the age of majority or within 5 years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever occurs later. The Government Claims Act generally requires the presentation to a public entity of a written claim for money or damages against the entity before the commencement of an action. The Government Claims Act excludes from this requirement a claim brought against a local public entity for the recovery of damages suffered as a result of childhood sexual assault.

This bill affirms existing law by clarifying that a claim for damages arising out of a claim of childhood sexual assault does not have to be filed with the public entity prior to initiating an action.

(AB 2959 amends Section 340.1 of the Code of Civil Procedure.)

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