Tietge

Michael Tietge, Timothy Ender and Michael Moyneur assert they were sexually abused for several years by Gregory Atherton, a religious brother and parochial schoolteacher (brother). In 1993, plaintiffs filed separate actions against the brother and his religious order, the Western Province of the Servites, Inc. The complaints allege Tietge was bom in 1969 and molested between 1984 and 1986; Ender was bom in 1958 and molested between 1973 and 1975; and Moyneur was bom in 1953 and molested between 1967 and 1976. The complaints also allege the molestations occurred at various places, including the Servite Center of the Servite Order, and charges the religious order under a theory of vicarious liability.

Defendants demurred to the complaints on the ground they were time-barred, pointing out that the alleged molestation occurred from 9 to 26 years before these actions were filed. Relying on the then applicable statute of limitations, the court sustained the demurrers without leave to amend. But *385 while these appeals were pending the Legislature retroactively amended the statute of limitations thereby changing the rules. Based on the statute as amended, we affirm the…

I concur in the majority opinion to the extent it reverses the judgment as to Atherton. I dissent to the extent it affirms the judgment in favor of the Western Province of the Servites, Inc.

I

Introduction

The plaintiffs’ complaint alleges the Servites negligently hired and supervised Atherton, causing them significant damage. The trial court sustained the Servites’ demurrer, finding the 1990 amendment to Code of Civil Procedure section 340.1 1 did not revive the claims and thus they were time barred. The Legislature amended the section again, this time specifically “reviving those causes of action which had lapsed . . . under the [prior] law . . . .” (§ 340.1, subd. (o).)

The question we answer is therefore different than the one the trial court addressed. We determine whether civil actions for recovery of damages suffered as a result of childhood sexual abuse encompass a student’s cause of action against the teacher’s employer for the negligent hiring and supervision of its employee. My colleagues conclude they do not. They misread section 340.1. The Legislature intended all civil actions based on child abuse to come within the statute’s purview.

II

Legislative History

As…

Michael Tietge, Timothy Ender and Michael Moyneur assert they were sexually abused for several years by Gregory Atherton, a religious brother and parochial schoolteacher (brother). In 1993, plaintiffs filed separate actions against the brother and his religious order, the Western Province of the Servites, Inc. The complaints allege Tietge was born in 1969 and molested between 1984 and 1986; Ender was born in 1958 and molested between 1973 and 1975; and Moyneur was born in 1953 and molested between 1967 and 1976. The complaints also allege the molestations occurred at various places, including the Servite Center of the Servite Order, and charges the religious order under a theory of vicarious liability.

Defendants demurred to the complaints on the ground they were time-barred, pointing out that the alleged molestation occurred from 9 to 26 years before these actions were filed. Relying on the then applicable statute of limitations, the court sustained the demurrers without leave to amend. But while these appeals were pending the Legislature retroactively amended the statute of limitations thereby changing the rules. Based on the statute as amended, we affirm…