JEFFREY E. v. Central Baptist Church

Jeffrey E. appeals the judgment entered upon the granting of Central Baptist Church’s motion for summary judgment pursuant to Code of Civil Procedure section 437c. The sole issue raised is whether a church is liable for repeated acts of sexual assault on a minor perpetrated by a Sunday school teacher and general church member.

I

Ernest Schwobeda became a member of Central Baptist Church (CBC) in 1964 and a regular Sunday school teacher in 1967. He also participated in an organized Thursday evening program of visitation designed to enlarge CBC’s membership. He was not compensated for any of these activities.

Jeffrey E. first attended CBC’s Sunday school classes at the age of five, but Schwobeda was not his teacher until Jeffrey entered second grade. Sometime thereafter, Schwobeda began picking Jeffrey up at his home on Thursday evenings. Schwobeda told Jeffrey’s mother the boy was “his eyes” at night and helped him find the homes he was to visit. Jeffrey was also frequently with Schwobeda on Sunday mornings and evenings. Schwobeda occasionally called for Jeffrey on Saturdays to do yard work or other errands. The Saturday outings were unrelated to CBC activities.

The…