Chaney

Petitioners, husband and wife, seek a writ of mandate directing the superior court to set aside an order overruling their demurrer to the first, second and third causes of action set forth in real party’s second amended complaint.

Code of Civil Procedure, section 340.1 extends the statute of limitations for a civil action based on childhood sexual abuse. We are asked to determine whether the tolling provision of that statute applies to the wife of an alleged abuser who is sued on a theory of negligent supervision. We hold that it does not.

I. Facts

In her amended complaint, real party in interest, Stephanie Anne Kennedy, alleges that Boyd Kelsey Chaney, a close personal friend of her family, sexually assaulted her while she was in his home over an eight-year period beginning in 1980 when she was ten years of age. On June 10, 1993, at the age of 23, Kennedy filed this action against her alleged assailant. Nancy Chaney (hereinafter Chaney) was joined on the theory that she caused Kennedy to suffer damages by negligently supervising her while she was in the Chaney home. When Chaney’s demurrer to the negligent supervision count was overruled, this petition followed.

II.…