Doe 3, Family Services etc. v. Super. Ct.

facts was dismissed with prejudice. We agree the claim, as stated in the operative complaint, is not revived under section 340.1, subdivision (q), and will issue the writ of mandate, directing the trial court to sustain the demurrer. We will afford Plaintiffs leave to amend their complaint.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. 2009 Action In 2009, Plaintiffs filed a complaint for damages, which they amended in 2010 (the 2009 action), naming as defendants: their stepfather, William Knox (the alleged perpetrator of the underlying abuse); Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints and Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (referred to collectively in the complaint as the Mormon Church); National Boy Scouts of America Foundation; Pacific Skyline Council, Boy Scouts of America; and Edna M. Dowell, an individual. Plaintiffs alleged that Dowell was hired or directed by the Mormon Church to provide therapy or counseling for Knox, Plaintiffs, and Plaintiffs’ mother at their home. They further alleged that each named defendant, including Dowell, was an “employee, agent, and/or servant of the Mormon…