Farmer

This is an action for assault and battery and negligence. Plaintiffs (appellants) are three minor girls who, according to the allegations of the complaint, were sexually molested by defendant Richard Farmer, Jr., at his home between July 1976 and May 1977. Defendant Elsie Farmer (respondent) is Richard’s wife. Richard answered the complaint, but Elsie demurred to it. Plaintiffs appeal from a judgment of dismissal as to Elsie, following the sustaining of her demurrer to the second amended complaint. (Code Civ. Proc., §§ 581, subd. 3, 581d.)

The pertinent allegations against respondent in the second amended complaint are as follows:

Respondent cites the principle that generally a person has no duty to control the conduct of a third person, nor to warn those endangered by such conduct, in the absence of a “special relationship” either to the third person or to the victim. (Rest. 2d Torts, § 315; Tarasoff v. Regents of University of California (1976) 17 Cal.3d 425, 435 [ 131 Cal.Rptr. 14 , 551 P.2d 334 , 83 A.L.R.3d 1166 ]; Nipper v. California Auto. Assigned Risk Plan (1977) 19 Cal.3d 35, 46-47 [ 136 Cal.Rptr. 854 , 560 P.2d 743 ]; Coulter v. Superior Court (1978) 21…