Debbie Reynolds Professional Rehearsal Studios v. Superior Court

Petitioner, Debbie Reynolds Professional Rehearsal Studios, seeks a writ of mandate directing the superior court to set aside an order denying its motion for judgment on the pleadings. 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 employer of an alleged abuser. We hold that it does not.

I. Facts

In her amended complaint, real party in interest Sylvia Johnson alleges that a dance instructor employed by petitioner sexually assaulted her over a four-year period beginning when she was fifteen years of age. On December 21, 1992, at the age of 26, real party filed this action against her alleged assailant. Petitioner was joined on the theory that it had caused real party to suffer damages by negligently hiring, training and retaining the alleged assailant, an unfit employee. Real party also claimed her assailant, at the time he sexually assaulted her, was acting within the scope of his employment as petitioner’s “agent, servant and/or employee.”

Petitioner moved for judgment on the pleadings, claiming that…