Santillan

Dissenting. — I respectfully dissent. The majority states and I agree that the ultimate “issue on appeal is whether appellants qualified under the 2003 revival provision on the theory they had raised triable issues of fact that the Diocese was on notice of Herdegen’s unlawful sexual conduct as required by [Code of Civil Procedure section 340.1,] subdivision (b)(2).” (Maj. opn., ante, at p. 10.) The parties agreed that “the only possible evidence of notice rested on deposition testimony that Herdegen’s part-time parish housekeeper knew or should have known that Herdegen was sexually abusing appellants.” (Maj. opn., ante, at p. 7.) The majority concludes that the trial judge erred in granting the summary judgment motion because, under an agency theory, if the agent (Zeilman) was under a duty to disclose certain information, the principal (the Diocese) is bound by the agent’s knowledge of that information whether or not the agent communicated it to the principal. (Civ. Code, § 2332.) I dissent because I do not believe the evidence raises a triable issue of fact on the notice requirement.

Appellant strives to establish the notice element first via proof that the part-time housekeeper…

— Plaintiffs George and Howard Santillan appeal from the summary judgment entered for defendant Roman Catholic Bishop of Fresno in this action based on allegations of childhood sexual abuse by one of defendant’s former clerics. Because triable issues of fact exist concerning whether defendant had the requisite notice that the offending cleric posed a risk of committing such acts (Code Civ. Proc., § 340.1, subds. (b), (c)), we reverse the trial court’s determination that the complaint was barred by the statute of limitations.

FACTS AND PROCEDURAL HISTORY

Brothers George and Howard Santillan allege that from 1959 through 1973, they were the victims of childhood sexual abuse by Monsignor Anthony Herdegen, the resident cleric at their hometown Catholic parish in *7 Wasco, California. 1 That parish was operated by the predecessor of Roman Catholic Bishop of Fresno, a corporation sole (the Diocese). Appellants sued the Diocese in 2003 under the one-year revival provision for previously time-barred claims against entities such as the Diocese that allegedly failed to protect children from an employee’s unlawful sexual conduct when they had notice of such behavior. (Code Civ.…

Plaintiffs George and Howard Santillan appeal from the summary judgment entered for defendant Roman Catholic Bishop of Fresno in this action based on allegations of childhood sexual abuse by one of defendant's former clerics. Because triable issues of fact exist concerning whether defendant had the requisite notice that the offending cleric posed a risk of committing such acts (Code Civ. Proc., § 340.1, subds. (b), (c)), we reverse the trial court's determination that the complaint was barred by the statute of limitations.

Brothers George and Howard Santillan allege that from 1959 through 1973, they were the victims of childhood sexual abuse by Monsignor Anthony Herdegen, the resident cleric at their hometown Catholic parish in Wasco, California. [1] That parish was operated by the predecessor of Roman Catholic Bishop of Fresno, a corporation sole (the Diocese). Appellants sued the Diocese in 2003 under the one-year revival provision for previously time-barred claims against entities such as the Diocese that allegedly failed to protect children from an employee's unlawful sexual conduct when they had notice of such behavior. (Code Civ. Proc., § 340.1, subds. (b),…