Deutsch

Deutsch v. Masonic Homes of California, Inc.

Good Law
164 Cal. App. 4th 748·2008 Cal. App. LEXIS 981·80 Cal. Rptr. 3d 368
Court of Appeal of CaliforniaJuly 3, 2008B195418California15,517 words

Opinion

Opinion

Chavez, J.

Masonic Homes of California, Inc. (appellant), appeals from the judgments entered following a jury trial. The jury awarded respondent Nancy Deutsch (Deutsch) $1,915,600 and respondent Sharon Mohr-McDermott (Mohr-McDermott) $1,615,600 (Deutsch and Mohr-McDermott will be collectively referred to as “respondents”).

Deutsch, who was 46 years old at the time of trial, alleged that she was sexually abused by Earl Pearson, the husband of an employee of appellant, in 1968. Mohr-McDermott, who was 47 years old at the time of trial, alleged that she was sexually molested by the same individual in 1968. In addition, Deutsch claimed that she was molested in 1976 by Randy Azelton, who was, at the time, a 22-year-old employee of appellant.

In order to bring this action, which involved acts occurring over 30 years ago, respondents availed themselves of legislation passed in 2003 which revived certain claims of childhood sexual abuse. The legislation, Code of Civil Procedure section 340.1, subdivision (c) (section 340.1(c)), permitted plaintiffs whose claims of sexual abuse had expired to revive those claims against individuals or entities owing a duty of care to those plaintiffs and…

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