David A. v. Superior Court of City and Cty. of San Francisco

—This writ proceeding raises the question whether an adult plaintiff, whose claim for damages for childhood sexual abuse lapsed in 1988 under then-governing law, may take advantage of the liberalized statute of limitations enacted in 1990. We have concluded that the statutory amendments of 1990 did not revive previously lapsed claims and that this action is therefore untimely. We direct issuance of a writ of mandate.

I.

In her amended complaint, plaintiff/real party in interest alleges that her two stepbrothers and a neighbor boy sexually assaulted her in 1974, when she was seven years old. Some 18 years later, in April 1992, she filed this action against the 3 alleged assailants. Also joined were the neighbor’s parents on a theory of vicarious liability under Civil Code section 1714.1. Defendants demurred to the amended complaint on the ground that it was barred by the statute of limitations. The court overruled the demurrer. This petition followed.

II.

Most claims for personal injuries are subject to a one-year statute of limitations. (Code Civ. Proc., § 340, subd. (3).) For injuries suffered during childhood, the statute is tolled until the plaintiff reaches…