GMSR wins second appeal relating to student’s discrimination claim against school district

On the heels of a Ninth Circuit victory relating to the same events, the Court of Appeal affirmed the trial court’s dismissal of a student’s discrimination claim for failure to comply with the Government Claims Act. Deciding an issue of first impression, the Second District held that having sought administrative review under the Education Code does not excuse the need to file a pre-suit Government Code tort claim. The Court also rejected plaintiff’s alternative argument that he substantially complied with the claims statute.

Court of Appeal Opinion – View Document