Equitable Estoppel Applied To Late Governmental Claim.

Two third grade girls complained about their male teacher touching them in private areas of their bodies. School administrators repeatedly admonished the parents and children not to discuss the situations with anyone but the police. Police investigations proceeded slowly, and more than a year after the first reports, the teacher pleaded guilty and was sentenced. At that point, the girls’ parents filed governmental claims with the school district, which returned the claims without action because of a belief they were untimely. Civil complaints followed, and the two actions were consolidated. A four week trial was held, and a jury found in favor of the girls and against the teacher and the school district. The jury awarded $200,000 for future medical expenses and $1.6 million in past and future non-economic damages, assessing 60 percent responsibility to the teacher and 40 percent to the school district. On appeal, the school district argued it was indisputable the governmental claims were filed more than six months after the teacher molested the girls, in violation of Government Code section 911.2. In affirming, the appellate court stated the evidence showed that school district administrators instructed the girls and their parents not to talk with anyone about the molestation incidents, warning them they might jeopardize the investigation and criminal prosecution, and that “the facts of this case support the application of equitable estoppel.”  (J.P. v. Carlsbad Unified School Dist. (Cal. App. Fourth Dist., Div. 1; December 12, 2014) 232 Cal.App.4th 323, [181 Cal.Rptr.3d 286].)