M.R. v. ESCONDIDO UNION SCHOOL DISTRICT, ET AL.
September 27, 2021
Superior Court Of California, North County Division
Case No. 37-2021-00013819-CU-PO-NC
* Court Acceptance Pending

In 2019, the California Legislature amended Cal. Civ. Proc. Code § 340.1 to revive previously-expired civil claims for child sexual abuse. The Defendant argues that the revival provisions are unconstitutional under the California Constitution as applied in this case. CHILD USA wrote this amicus brief, arguing that the Act’s revival provisions are constitutional because the law serves California’s compelling interest in preventing abuse and providing access to justice for survivors. The court ultimately declined to grant CHILD USA’s motion, refusing to consider the merits until a later stage in the case.