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Tuesday, May 14, 2019

Le Mere v. Los Angeles Unified School District

A demurrer was properly sustained to a retaliation claim where the plaintiff did not allege any of the named defendants or non-party actors held any retaliatory animus toward plaintiff or even knew of her prior lawsuit. A trial court did not commit an abuse of discretion in denying a plaintiff leave to amend a claim when there was an unexplained delay of 14 months in raising the new cause of action. The Government Claims Act does not allow a plaintiff to "cure" her failure to file a pre-lawsuit claim by filing a post-lawsuit claim.

Le Mere v. Los Angeles Unified School District - filed April 30, 2019, publication ordered May 14, 2019, Second District, Div. Eight 
Cite as 2019 S.O.S. 2236 

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