County of Alameda v. Superior Court

Petitioner challenges the overruling of its demurrer to an action for negligence in screening for adoptive parents. Petitioner contends that real parties’ claim against the county was late and that the statute of limitations for the lawsuit has expired. We conclude that the court erred in overruling the demurrer because plaintiffs failed to plead facts showing that the statute of limitations had been met.

In a complaint filed August 27, 1984, real parties Rachel and Toni R. (twins) alleged that their adoptive father, Joseph R., sexually abused and commercially and sexually exploited them from the time they were seven years of age until they were fifteen years of age. The complaint named as defendants both Joseph R. and the Regents of the University of California, the latter for its role as employer of Joseph R. and owner of the premises upon which some of the actions took place. On June 6, 1986, real parties filed a second amended complaint substituting petitioner, the County of Alameda, for a Doe defendant, and asserting negligence by the county in facilitating, allowing, and recommending the adoption by Joseph R.

The third amended complaint, to which petitioner’s…