Dutra

Plaintiff David Dutra appeals from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrer of defendant Donald Eagleson because the court believed Dutra’s complaint was untimely under the statute of limitation’s one-year revival period for certain childhood sexual abuse claims. (Code Civ. Proc., § 340.1, subd. (c).) We conclude that the complaint cannot be read as falling within that revival period; instead, Dutra’s claims appear subject to a limitations period that expires three years after Dutra discovered or should have discovered the cause of his injuries. (Code Civ. Proc., § 340.1, subd. (a)(1).) Because there are no allegations concerning Dutra’s discovery of the cause of his injuries, and because Eagleson did not assert this theory below, we reverse the judgment.

FACTS AND PROCEDURAL HISTORY

In December 2003, David Dutra sued former Catholic school teacher Donald Eagleson and the estate of the late Gordon Wilcox, a Catholic priest, contending that they sexually abused Dutra in 1971 when he was approximately 14 years old. Dutra also sued the Diocese of Oakland (the Diocese), the Congregation of Holy Cross, and Moreau…