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Another statute of limitations. Child age 12 was expelled from

school - she had an...
Another statute of limitations. Child age 12 was expelled from school - she had an IEP and expulsion should have not taken place. There is a 2 year SOL for me to file charges against the school - BUT - since she was a minor is it possible for her to file charges on her own since she just turned 18? Basically her civil rights or school/educational rights were violated.
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Answered in 19 minutes by:
6/25/2013
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,875
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

There is no tolling of a statute of limitation when there's a government entity involved. This is outlined in Ca. Code 352(a) and (b): http://leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=350-363

Thus, the two (2) year statute of limitations runs from the time of the incident, and there's no extension of time because the person is a minor since the suit would be against a government entity -- the school.
Roger
Roger, Attorney
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Hi -

I was checking in to see if you have any additional questions. If so, please let me know and I'll be glad to respond. Thanks.
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Customer reply replied 4 years ago

No not on this one. Just have more on my plate than any one person should have to deal with.

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
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Hello,

I don't want to interfere with the other contributor's post, but the website keeps sending me a notice that you want me to answer this question. If that's true, then I would prefer that you open a new Q&A session, and ask for me by putting my userid at the beginning of your question (e.g., "To socrateaser"), so that the other contributor's answer and your rating can stand on their own.

And, if you don't want me answer, then I will report the "bug" to the website administration.

Thanks.
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Customer reply replied 4 years ago

I asked you this time this particular question. You gave me one answer and I had no questions beyond that. Now I am confused. I have asked both of you questions - I check to see who is online before I post. Try to stick to people I know cuz I have gotten some really bad answers when I just generally post and both of you have given me good advice. So - basically - the statute of limitations for school lawsuit was answered and I was satisfied. But I did not rate soon enough and website logs off when it sits for too long with no activity. Your answer was very acceptable.

Okay, well if you have another question, you know how to find me. Best wishes.
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Customer reply replied 4 years ago

Socrateaser - since this still shows up as no rating, maybe we can clear it up if you respond to this text. Right now it does not show me anywhere to leave a rating. It only gives me YOUR EXPERT NEEDS MORE INFORMATION. So if you respond it should give me faces for response.

The reason why it shows no rating is (1) you paid the other expert in this Q&A session; and (2) I never actually answered a question for you in this Q&A session. When I click the Answer button right now, the system should give you the opportunity to rate.

Hope this helps.
socrateaser
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socrateaser
socrateaser
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