Xia v. State Dept. of Education CA4/3

California Court of Appeal Mar 23, 2026 No. G065014Unpublished

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Holding. The court held that the trial court properly sustained the defendant's demurrer without leave to amend because the plaintiffs failed to timely present their claims under the Government Claims Act, and the doctrine of equitable tolling does not apply to the Act's claim presentation deadlines.

Issues

Whether the trial court erred in sustaining a demurrer based on the plaintiffs' failure to timely comply with the Government Claims Act.
Whether the doctrine of equitable tolling applies to extend the six-month deadline for filing a government claim under Government Code section 911.2.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Timely claim presentation is not merely a procedural requirement, but is a condition precedent to the claimant’s ability to maintain an action against the public entity.”

“The doctrine of equitable tolling, however, “cannot be invoked to suspend [Government Code] section 911.2’s six-month deadline for filing a prerequisite government claim””

Filed 3/23/26 Xia v. State Dept. of Education CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

YE YING STELLA XIA et al.,

Plaintiffs and Appellants, G065014

v. (Super. Ct. No. 30-2024- 01403405) STATE DEPARTMENT OF EDUCATION, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Deborah C. Servino, Judge. Affirmed. Ye Ying Stella Xia and Aretha Li, in pro. per., for Plaintiffs and Appellants. Len Garfinkel, General Counsel, Bruce Yonehiro, Assistant General Counsel, and Peter J. Stubbs, Deputy General Counsel, for Defendant and Respondent.

Ye Ying Stella Xia and her daughter Aretha Li (plaintiffs) appeal from the judgment entered in favor of defendant State Department of Education (department) after the trial court sustained the department’s demurrer to plaintiffs’ complaint without leave to amend. The department had demurred on the ground plaintiffs’ claims were barred for their failure to timely comply with the Government Claims Act (Gov. Code, § 810 et seq.). For the reasons we explain, we affirm.

ALLEGATIONS AND PROCEDURAL BACKGROUND In May 2024, plaintiffs filed a complaint against the department in which they sought an award of damages, including punitive damages.1 As relevant to the issues presented in this appeal, plaintiffs alleged in the complaint that after defendant Placentia Yorba Linda Unified School District (district) failed to satisfactorily address plaintiffs’ concerns and requests related to alleged incidents of bullying, petty theft, and grand theft at Valencia High School where Li had attended, Xia appealed to the department to address the district’s response.2 Plaintiffs further alleged in the complaint that, from September 2020 to March 2021, Xia submitted three appeals to the department “on [the district]’s investigation reports.” According to the complaint, on April 29,

Xia v. State Dept. of Education CA4/3

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

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