Colleen L. v. Howard M.

Our question is: Does Code of Civil Procedure section 340.1 which grants to certain sexually assaulted minors a three-year period, instead of a one-year period, to file an action, deny those same minors the tolling benefits of section 352? Our answer is no.

Procedural Background

On January 21, 1986, while appellant was still a minor, one month shy of her eighteenth birthday, she filed the instant complaint, by her guardian ad litem, against respondent. The complaint alleged that during the 10-year period 1971-1981 respondent by threats and force sexually assaulted her. The complaint did not allege any family relationship between appellant and respondent.

Respondent’s answer, filed July 11, 1986, denied appellant’s essential allegations based upon respondent’s lack of “information or belief.”

On March 18, 1988, respondent filed a notice of motion for summary judgment (§ 437c) stating two undisputed “facts,” first, that appellant is his daughter, and second, that applicable section 340. l’s three-year filing period expired in 1984, well before appellant filed her complaint.

Appellant’s opposition to respondent’s summary judgment motion appears to correct their…