California Court of Appeal Holds that Claims Against Incorporated Charter School are Excused from Meeting the Claims Presentation Requirements for the Government Tort Claims Act
In Knapp v. Palisades Charter High School, the Court of Appeal reversed the trial court's grant of summary judgment in favor of the charter school, its teacher, and the chartering school district because the plaintiff failed to comply with the claim presentation requirements of the Government Tort Claims Act (Government Code section 900, et seq.).
Drawing from the precedent set in Wells v. One2One Learning Foundation (2006) 39 Cal.4th 1164, the Court determined that as a nonprofit benefit corporation, the charter school, was not a "public entity" under the Tort Claims Act. Accordingly, the claim against the charter school was not required to meet the standards set forth in the Tort Claims Act.ShareThis