## Facts

- Latrice Rubenstein alleged she was sexually molested by a public high school coach between 1993 and 1994 while she was a student.
- The coach was an employee of a public entity (Brawley Union High School District, sued as Doe No. 1).
- Rubenstein alleged she did not recall the abuse until early 2012.
- In 2012, she presented a written damages claim to the public entity under the Government Claims Act.
- After the claim was denied, she filed a civil action against the public entity and other Doe defendants.
- The timeliness of her 2012 claim presentation depended on when the cause of action “accrued” for Government Claims Act purposes and whether Code of Civil Procedure section 340.1 affected that accrual.

## Issues

1. Whether a childhood sexual abuse claim against a public entity accrues for Government Code section 911.2 at the time of the molestation or at later discovery under Code of Civil Procedure section 340.1.
2. Whether amendments to Code of Civil Procedure section 340.1, including delayed-discovery and expanded limitations provisions, delay accrual or cause reaccrual for Government Claims Act claim-presentment deadlines.

## Decision

- The California Supreme Court reversed the Court of Appeal and reinstated the trial court’s dismissal as to the public entity.
- The Court held Rubenstein’s Government Claims Act claim was untimely because it was not presented within six months after accrual.
- The Court concluded the cause of action accrued at the time of the alleged molestation (1993–1994) for claim-presentment purposes.
- The Court held Code of Civil Procedure section 340.1 did not delay accrual or restart accrual for Government Claims Act purposes.
- Because timely claim presentation is a condition precedent to suing a public entity, the action against Doe No. 1 was barred.

## Legal Principles

- A plaintiff seeking money or damages from a public entity must timely present a written claim; compliance is a condition precedent to suit.
- Under Government Code section 911.2, a personal injury claim against a public entity must be presented no later than six months after the cause of action accrues.
- For childhood sexual abuse claims against public entities, accrual for Government Claims Act presentment generally occurs at the time of the molestation.
- Legislative expansions or revival provisions in Code of Civil Procedure section 340.1 do not retroactively make timely an otherwise untimely Government Claims Act claim and do not delay or restart accrual for section 911.2.
- Section 340.1 operates as a statute of limitations for civil actions, but it does not, without clear legislative direction, alter Government Claims Act accrual and presentment requirements.

## Conclusion

The court held that a plaintiff alleging childhood sexual abuse by a public employee must present a Government Claims Act claim within six months of the molestation, and later statutory changes to Code of Civil Procedure section 340.1—including delayed-discovery provisions—do not extend or restart the public-entity claim-presentment deadline.


Rubenstein v. Doe No. 1, 3 Cal. 5th 903 (Cal. 2017)