DeRose

DeRose v. Carswell

Bad Law
196 Cal. App. 3d 1011·1987 Cal. App. LEXIS 2397·242 Cal. Rptr. 368
Court of Appeal of CaliforniaDecember 7, 1987H002314California7,356 words

Opinion

Opinion

Brauer, J.

—Appellant sued respondent on account of alleged sexual abuse that had occurred between 20 and 13 years earlier. In her complaint, appellant attempted to state causes of action for assault, battery, and intentional and negligent infliction of emotional distress.

The superior court sustained respondent’s demurrer to the original complaint without leave to amend on the ground that it was barred by the statute of limitations. (Code Civ. Proc., § 340, subd. (3).) We affirm.

I.Facts

Respondent Carswell is appellant DeRose’s step-grandfather. DeRose alleges that Carswell sexually abused her beginning when she was four years old and ending when she was eleven (from 1966 to 1973). According to the allegations, Carswell’s acts “were all committed against [DeRose’s] will and without her consent,” and [DeRose] “felt great fear and acceded to [Cars-well’s] acts due to her perceptions of his greater size and strength and his ability and intent to carry out his threats of harm.” Plaintiff also alleges that she continues to suffer emotional injuries as a result of the sexual abuse. DeRose, however, did not immediately discover the injuries and their cause “due to the nature of the…

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