Guerrero v. L.A. Unified School Dist. CA2/1

Filed 10/31/24 Guerrero v. L.A. Unified School Dist. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

JAVIER GUERRERO, a Minor, etc., B335296

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 19STCV05995) v.

LOS ANGELES UNIFIED SCHOOL DISTRICT,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Douglas W. Stern, Judge. Reversed. Schonbrun Seplow Harris Hoffman & Zeldes, Wilmer J. Harris; Rivers Law, Inc., and Surisa Rivers for Plaintiff and Appellant. BDG Law Group, Michele M. Goldsmith and Matthew R. Hicks for Defendant and Respondent.

Javier Guerrero appeals from an order denying his petition filed under Government Code section 946.61 for relief from the Government Claims Act presentation requirements. For the reasons given below, we reverse.

FACTUAL SUMMARY AND PROCEDURAL HISTORY In May 2018, Guerrero submitted a claim for damages to the Los Angeles Unified School District (LAUSD) under the Government Claims Act. (§ 810 et seq.) Guerrero, then a minor, alleged that “since 2004” LAUSD had violated his rights under the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, and the Unruh Civil Rights Act (Civ. Code, § 51). Guerrero asked that, to the extent LAUSD considered any part of his claim to be filed late, the claim be treated as “an application for late filing.” (See § 911.4.) On June 12, 2018, Guerrero filed an amended claim with additional facts supporting his allegations. Guerrero again requested that the claim, to the extent it is deemed late, be considered as an application to file a late claim. LAUSD failed to act on the application to file a late claim within 45 days after the amended claim was filed.2 On August 21, 2018—70 days after Guerrero filed his amended application for late filing—a liability claims coordinator with LAUSD sent Guerrero a letter informing him that “on August 21, 2018” LAUSD had denied his “application for leave