Joseph

Plaintiffs Dawna A. Joseph and Nicole N. McGowan appeal from an order sustaining without leave to amend a demurrer to their third amended complaint for personal injury against defendant Carolyn A. Johnson. Plaintiffs contend that Johnson is liable for damages arising out of their sexual molestation by Johnson’s husband, Albert Caesar, for which Caesar has been criminally convicted, but the trial court held that their claims against Johnson are now barred by the statute of limitations. We conclude that the court properly sustained the demurrer with regard to plaintiffs’ second and fifth causes of action for negligence but erred in sustaining the demurrer to plaintiffs’ third and sixth causes of action for intentional misconduct. Accordingly, we shall affirm in part but reverse the order with respect to the third and sixth causes of action.

Factual and Procedural Background

On June 28, 2006, plaintiffs filed a complaint against Johnson and Caesar for personal injury arising out of Caesar’s sexual molestation of the plaintiffs when they were minors. A first amended complaint was filed shortly thereafter and in December 2007, plaintiffs filed a second amended complaint.…