Doe 1 v. City of Murrieta

This action arises from a Murrieta police officer’s sexually abusing plaintiffs, Jane Doe 1 and Jane Doe 3 (plaintiffs), who at the time were 16 years old and were participants in the Murrieta Police Department’s Explorer Program.

Plaintiffs appeal judgment entered after the trial court sustained, without leave to amend, the demurrers of defendants City of Murrieta and the Murrieta Police Department (collectively defendants) to plaintiffs’ second, third, and fourth causes of action. Thereafter, the trial court granted defendants’ summary judgment motion as to the remaining first and fifth causes of action.

Plaintiffs contend the trial court erred in ruling as to the second, third, and fourth causes of action that defendants were not vicariously liable for Officer Derick Boyd’s sexual misconduct. Plaintiffs further argue the trial court erred in granting summary judgment as to the first and fifth causes of action since triable issues existed as to whether defendants negligently hired, trained, and supervised Boyd, and as to whether defendants breached the Boy Scouts of America (BSA) charter agreement by failing to follow BSA rules and regulations.

We conclude the trial…