Legislation - Cerri, Boskovich & Allard

California Supreme Court Denies Review in AB 218 Sexual Misconduct Case Against School District

Cerri, Boskovich & Allard, LLP — Fri, 01 Nov 2024 23:46:45 GMT

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.

This decision upholds the constitutionality of AB 218, potentially allowing more historical sexual assault cases against public entities to proceed in California.

A long history of trying to avoid accountability

For two decades, the California Legislature has consistently enacted laws to provide justice for victims of childhood sexual abuse. However, school districts have persistently exploited legal loopholes, often supported by problematic court decisions, to deny victims their rightful access to justice.

Prior to AB 218, districts often argued that claims were barred by statutes of limitations, as victims previously had to file by age 26. This was a common defense tactic to get cases dismissed.
Districts have tried to claim immunity from liability as government entities, though this has been limited by various laws and court rulings.
Districts frequently argue they had no actual knowledge of abuse occurring and therefore cannot be held liable.
Some districts have argued they do not have a special duty to protect students from third-party harm, though courts have generally rejected this.
Districts often try to get cases dismissed on procedural grounds, like improper claim filing under the Government Claims Act.
When cases proceed, districts may dispute the extent of damages or argue other factors caused a plaintiff’s injuries.

School districts continue to resist efforts to help students of sexual abuse, such as continuing to engage in procedural delays to prolong victims’ pursuit of justice and healing.

The recent California Supreme Court decision rejecting a school district’s efforts to avoid accountability marks a significant step towards upholding the rights of sexual abuse victims and the constitutionality of AB 218.

Assembly Bill 218 brings an opportunity for justice for sexual abuse victims

Cerri, Boskovich & Allard, LLP — Mon, 14 Oct 2019 00:47:36 GMT

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.

Specifically, AB 218 extends the civil statute of limitations for childhood sexual abuse and assault to the age of 40, revives old claims for three years starting on Jan. 1, 2020, and eliminates existing limitations for claims against public schools.

AB 218 also addresses the issue of cover-ups by churches, schools, sports organizations, and youth-serving groups. The bill allows for recovery of up to three times the damages from defendants who covered up the prior sexual assault of a minor. The law is intended to have a dual effect by compensating victims and acting as a deterrent for organizations that have a long history of covering up sexual abuse complaints.

What to look for when hiring a sexual abuse law firm

There is a reason why our firm routinely ends up with seven- and eight-figure sexual abuse settlements and verdicts: it’s because of our track record of aggressively litigating these cases and holding institutions accountable. Our legal team has litigated sexual abuse cases around the country and represented hundreds of childhood sexual abuse victims.

Childhood sexual abuse cases are much different than any other type of personal injury case. To start with, the harm is lifelong. All the medical evidence proves that childhood sexual abuse is a lifelong problem, with many victims suffering PTSD, loss of trust, relationship problems, drug and alcohol abuse, and thoughts of suicide. For that reason, sexual abuse cases should not be settled for a few thousand dollars.

Contact us

Cerri, Boskovich & Allard, L.L.P. is one of the few sexual abuse law firms in the country with a dedicated legal team of attorneys and experts that work for the best interests of sexual abuse victims.

Contact us today to set up a free consultation with a dedicated, compassionate lawyer; call (408) 289-1417. You will not pay anything unless we win your case.

Prosecution Time Limits for Sex Abuse Crimes Abolished

Cerri, Boskovich & Allard, LLP — Thu, 29 Sep 2016 01:05:32 GMT

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;
forcible sodomy;
molestation of a child under the age of 14 involving “substantial sexual conduct;”
molestation of a child under the age of 14 by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person;
continuous sexual abuse of a child under the age of 14;
forcible oral copulation; and
forcible sexual penetration

The new law will go into effect on January 1, 2017. It will apply to new crimes committed after the January 1, 2017 date. Or, to crimes for which the statute of limitations that was in effect prior to January 1, 2017, has not run. Under the old law, child molestation victims had until the age of 40 to come forward and have the crime prosecuted. Change comes slowly and in pieces in California. Sex abuse attorney and victims’ advocate Robert Allard, working with State Senator Jim Beall, successfully pushed to increase the age limit from age 28 to age 40 a few years ago.

The law firm of Cerri, Boskovich & Allard, led by the firm’s child molestation victims’ legal team, has also been trying to get rid of or to extend the time limits for sex abuse victims to file civil litigation against the institutions that enabled or covered up the behavior of a predator(s). Legislation authored by Allard and carried by Senator Beall has twice won legislative approval only to be vetoed by Governor Jerry Brown.

Since 2009, the child molestation victims’ lawyers at Cerri, Boskovich & Allard have dedicated their lives to helping sex abuse victims and their families. As a result, we understand that the effect of sex abuse on victims is lifelong. Thus, we use the law and civil litigation to hold accountable those that fail to protect children. Call us at 408-289-1417 if you need an attorney.

Assemblyman Jim Beall and Molestation Victim Attorney Robert Allard Working to Strengthen California Child Molestation Laws

Cerri, Boskovich & Allard, LLP — Tue, 10 Apr 2012 15:32:18 GMT

A Commitment to Enact Child Molestation Laws Favorable to Victims

California Assemblyman Jim Beall is announcing proposed legislation that would strengthen California’s child molestation laws.

The legislation was introduced with input from child molestation victims’ rights attorney Robert Allard and victims of USA Swimming coaching molestation.

If passed, Assembly Bill 1628 would outlaw confidential settlements involving charges of child sexual abuse, raise the statute of limitations for victims seeking civil justice from age 26 to age 35, and require private entities that use public property, such as a soccer field or swimming pool, to conduct enhanced background screenings on individuals having access to children. Assemblyman Beall said, “the law must be changed to protect children, not child molesters.”

“I have seen firsthand the horrific damage that is inflicted on victims of childhood sex abuse,” Allard said. “Most if not all of this abuse would have been prevented had these proposed laws been in place and followed at the time. I applaud Mr. Beall and his staff for taking the initiative on these measures. I have every confidence that the children residents of California will be safer if AB 1628 takes effect.”

The bill is scheduled to be heard April 17 in the Public Safety Committee.

In a related action, Beall has also introduced ACR 125, a resolution designating April as Child Abuse Prevention Month. As a result, seventy-three legislators joined as co-authors to Beall’s resolution, which was approved by the Assembly.