L.A. Unified School Dist. v. Super. Ct.

Summary

The court held that Government Code section 818 bars a public entity from being liable for enhanced damages under Code of Civil Procedure section 340.1, subdivision (b)(1), when a childhood sexual assault resulted from a cover-up. The court concluded that the up-to-treble damages remedy functions primarily as punitive or exemplary damages because it exceeds compensation, depends on morally culpable conduct, and is discretionary. The court also rejected the prior “simply and solely punitive” formulation of the section 818 inquiry and overruled prior decisions to that extent.