J.J. v. County of San Diego
167 Cal. Rptr. 3d 861
Cal. Ct. App.2014Background
- J.J., a minor, alleged County of San Diego placement/supervision failures allowed sexual abuse by foster father (2009).
- She disclosed molestation in December 2010; investigation followed, and perpetrator pled guilty in March 2011.
- J.J. filed a May 2012 claim with the County and a 946.6 petition seeking relief from the six-month/one-year claim timing.
- Trial court denied the petition; issue is accrual date and timeliness.
- Court held accrual occurred no later than March 2011; May 2012 claim was untimely; petition denied.
- Remedies and estoppel/excusable neglect defenses were examined and rejected.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did JJ's cause of action accrue? | Accrual delayed to March 2011 if delayed discovery applies. | Accrual occurred in 2009 or by March 2011 at latest; timely filing required. | Accrual at the latest March 2011. |
| Does delayed discovery apply to JJ's abuse claim? | Delayed discovery postpones accrual. | Delayed discovery does not defeat accrual; discovery occurred by March 2011. | Delayed discovery not controlling; accrual March 2011. |
| Should estoppel prevent enforcing timely claim? | County's acts estopped delay in filing. | No detrimental conduct by County; estoppel not proven. | Estoppel not established. |
| Is excusable neglect or minority status applicable? | Minor status excusable neglect; untimeliness excused. | Statutory timing controls; Hernandez limits do not apply. | Excusable neglect/minority status not applicable. |
| Was the 946.6 petition timely filed? | Filed within one year after accrual. | Filed far more than one year after accrual; jurisdiction lacking. | Petition untimely; trial court’s denial affirmed. |
Key Cases Cited
- Doe v. Bakersfield City School Dist., 136 Cal.App.4th 556 (Cal. App. Dist. 2nd) (delayed discovery in child molestation actions)
- S.M. v. Los Angeles Unified School Dist., 184 Cal.App.4th 712 (Cal. App. 2nd) (delayed discovery and accrual in child abuse cases)
- Curtis T. v. County of Los Angeles, 123 Cal.App.4th 1405 (Cal. App. 2nd) (circumstance-heavy accrual for minors; foster care context)
- V.C. v. Los Angeles Unified School District, 139 Cal.App.4th 499 (Cal. App. 2nd) (limited application of delayed discovery; evidence considerations)
- Munoz v. State of California, 33 Cal.App.4th 1767 (Cal. App. 4th) (remedial nature of 946.6; limits on late-claim relief)
- Leaf v. City of San Mateo, 104 Cal.App.3d 398 (Cal. App. 1st) (distinguishing latent-defect implications from personal injury accrual)
- California Restaurant Management Systems v. City of San Diego, 195 Cal.App.4th 1581 (Cal. App. 4th) (prompt notice policy in claims process)
- Greyhound Lines, Inc. v. County of Santa Clara, 187 Cal.App.3d 480 (Cal. App. 3rd) (jurisdictional/administrative limits on relief)