Articles Posted in Legislation

The California Supreme Court has declined to review a case involving revived sexual assault claims against public entities, with Justice Joshua Groban casting the lone dissenting vote. The case in question is West Contra Costa Unified School District v. Superior Court, which stems from allegations of sexual assault by a high school counselor between 1979 and 1983.

AB 218 provided a three-year window for plaintiffs to bring childhood sexual assault claims against public entities, even if these claims would otherwise be barred by statutes of limitations or claim presentation requirements. The First District Court of Appeal, Division Five, rejected constitutional challenges to this 2019 legislation.

The West Contra Costa Unified School District argued that AB 218 violated the California Constitution’s provision prohibiting the Legislature from making “any gift” to an individual.

For decades, powerful institutions have used legal loopholes to evade accountability by blocking sexual abuse victims from filing lawsuits for justice. But Assembly Bill 218 (AB 218) is now the law. It changes everything for thousands of victims who were previously sexually abused or assaulted by teachers, coaches, counselors, janitors, childcare workers, clergy, or bus drivers to name a few.

Effective Jan. 1, 2020, a three-year “look back window” will open for previously time barred claims and it will extend the civil statute of limitations to age 40, allowing victims to file a civil lawsuit against schools, sports organizations, youth groups, childcare centers, or any other institution that violated their trust.

The attorneys at Cerri, Boskovich & Allard are recognized as one of the best sexual abuse law firms in the country.  Call 408-289-1417 for a free and confidential consultation.

There will be no more hiding behind arbitrary time limits, also known as statutes of limitations, for predators who commit sex abuse crimes in California. The Governor signed SB 813, which amends the penal code so that the following sex abuse crimes have no time limits to prosecute:

• rape;
• spousal rape;