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Child sex abuse damages opinion filing tomorrow

May 31, 2023

Tomorrow morning, the Supreme Court will file its opinion in Los Angeles Unified School District v. Superior Court. (Briefs here; oral argument video here.)

This will be the third of four opinions to issue in the cases argued in March. The opinion in the last undecided March calendar case — People v. Braden — should file on Monday. There are five remaining April calendar cases due to be decided by July 3. A decision in one last February case — the death penalty appeal in People v. Wilson — isn’t due until June 15 because of post-argument supplemental briefing.

The LAUSD case is expected to decide whether Government Code section 818, which bars punitive damages against government defendants, precludes recovery under Code of Civil Procedure section 340.1, subdivision (b), which permits an award of up to treble damages after a child is sexually abused as a result of a cover up. The court granted review in September 2021.

The opinion can be viewed tomorrow starting at 10:00 a.m.

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