COURTNEY KNAPP v. PALISADESCHARTERHIGH SCHOOL

Filed 1/10/07 Opinion on rehearing

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a grant of summary judgment of the Superior Court of Los Angeles County, Joe W. Hilberman, Judge.  Reversed and remanded with instructions.

Edwin Carney for plaintiff and appellant.

Foley  & Lardner and Gregory V. Moser for California Charter Schools Association and California Charter Schools Association Joint Powers Authority as Amici Curiae on behalf of plaintiff and appellant.

Soltman, Levitt & Flaherty, John S. Levitt and Philip J. Bonoli for defendants and respondents.

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            In this sexual harassment action, a visiting student appeals the trial court's grant of summary judgment in favor of an incorporated charter high school, its teacher and the chartering school district on the ground that she failed to comply with and was not excused from meeting the claim presentation requirements of the Government Tort Claims Act (Gov. Code,[1] § 900 et seq.) (the TCA).  Following Wells v. One2One Learning Foundation (2006) 39 Cal.4th 1164 (Wells), we conclude that, as an alleged nonprofit public benefit corporation, the charter school is not a â€