Roman Catholic Bishop v. Superior Court

Fifteen-year-old Jane D. (Jane) claims she was sexually abused by her parish priest. Jane sued the church, alleging it negligently hired, retained and supervised the priest because it should have known of his dangerous propensities as a sexual exploiter of children. The church seeks mandamus after it unsuccessfully moved for summary judgment on the ground it had no prior knowledge or reason to know the priest was a risk to engage in a sexual relationship with a minor. We conclude the church established it had neither prior notice of the priest’s unfitness nor a duty in the employment context to investigate the priest’s sexual conduct. Consequently the church was entitled to summary judgment. We grant the petition.

Factual and Procedural Background

Jane, through her guardian ad litem, filed a complaint for damages on October 18, 1994, naming the Roman Catholic Bishop of San Diego, the parish Church of the Most Precious Blood (together the church) and Reverend Emmanuel Omemaga (Omemaga) as defendants. Jane alleged Omemaga was under the direct employ, supervision, agency and control of the church as an associate pastor. His employment duties “included providing for the…