California Court of Appeal

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D.C. v. Oakdale Joint Unified School District, F062010

In a student's attempt to sue a school district and the Office of Education for their alleged mishandling of his behavioral difficulties: 1) the trial court's denial of a petition for relief from the Government Code section 945.4 claims filing requirements is reversed, where in order to constitute "[w]ritten notice of the board's action upon the application" as described in Education Code section 911.8(a) to trigger the sixty-day deadline for obtaining relief under Government Code section 946.6(b), the purported notice document must include the date on which the board's action was taken; and 2) under the circumstances, the student should be permitted to plead and attempt to prove that the government entities were estopped from asserting the six-month limitation as a defense to his petition for relief from the claims filing requirements.

Appellate Information

  • Decided 03/01/2012
  • Published 03/01/2012

Judges

  • Franson

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Tamara L. Loughrey, John P. Kelley