By enacting Gov. Code 905(m), the Legislature abrogated Shirk v. Vista Unified School Dist. (2007) 42 Cal.4th 201 insofar as it held that the longer statutes of limitation applicable to childhood sexual abuse claims do not extend the government claims-filing deadline.  Section 905(m) exempts claims pursuant to CCP 340.1 from the requirement of filing a government claim before suing.  Here, the plaintiff sued while still a minor for sexual abuse by other minors at their school—abuse that continued even after plaintiff’s parents complained to the school district.  Section 340.1 extended the limitations period for the claim until plaintiff was 26, but she sued long before then.  Her claim of sexual abuse was within CCP 340.1 though committed by a fellow minor, and plaintiff didn’t have to show that the abuse was committed by an employee, volunteer, representative or agent of the district in order for CCP 340.1 to apply—abuse by those district agents would merely lengthen the limitations period beyond plaintiff’s 26th birthday.  Accordingly, plaintiff’s claim was not barred by her failure to file a government tort claim.

California Court of Appeals, Second District, Division 6 (Perren, J.); October 12, 2016; 2016 WL 5936851