Perez

Perez v. Richard Roe 1

Good Law
146 Cal. App. 4th 171·2006 Cal. App. LEXIS 2057·2006 Daily Journal DAR 16927·52 Cal. Rptr. 3d 762·2006 Cal. Daily Op. Serv. 11950
Court of Appeal of CaliforniaDecember 27, 2006B182814California7,809 words

Opinion

Opinion

Rubin, J.

Plaintiffs Cristin Perez and Daniel Howard appeal from the judgment dismissing their childhood sexual abuse complaint against the Roman Catholic Bishop of Stockton because the statute purporting to revive their previously dismissed complaints violated California’s constitutional separation of powers doctrine. We affirm.

FACTS AND PROCEDURAL HISTORY

Cristin Perez and Daniel Howard sued the Roman Catholic Bishop of Stockton in July 2003, alleging that they had been the victims of sexual abuse by one of its parish priests in the late 1970’s and early 1980’s, when they were both minors. Howard and Perez had each sued the Bishop before, but their complaints were dismissed in 1994 and 1995, respectively, under the then applicable one-year statute of limitations. (Code Civ. Proc., § 340; Tietge v. Western Province of the Servites, Inc. (1997) 55 Cal.App.4th 382 , 385 [ 64 Cal.Rptr.2d 53 ] (Tietge).) The judgment against Perez became final in February 1996 after the California Supreme Court denied her petition seeking review of an appellate court decision affirming the trial court’s judgment. The judgment against Howard became final in June 1996 when his appeal from the trial…

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