Doe

Doe v. Salesian Society

Good Law
159 Cal. App. 4th 474·2008 Cal. App. LEXIS 138·71 Cal. Rptr. 3d 565
Court of Appeal of CaliforniaJanuary 29, 2008B198136California2,808 words

Opinion

Opinion

Rubin, J.

Richard Doe and Gil Doe appeal from the summary judgment entered against them in their action against the Salesian Society based on allegations that they were the victims of childhood sexual molestation by one of the society’s priests. The trial court ruled that their action was barred by the statute of limitations (Code Civ. Proc., § 340.1) because there was no evidence to show that the Society knew ahead of time that the priest posed a risk of such conduct. We affirm.

FACTS AND PROCEDURAL HISTORY

In 2003, Gil Doe and Richard Doe sued the Salesian Society (the Society), a religious order of the Roman Catholic Church, alleging that one of the Society’s priests—Richard Presentí—sexually abused them in, respectively, 1962 and 1972. Appellants each alleged they were orally copulated and masturbated by Presentí while attending the Society’s Boy’s Camp in Middletown, California. Their action was brought pursuant to the one-year revival period for previously time-barred claims. (Code Civ. Proc., § 340.1, subds. (a), (b).) The revival period applied only to actions against entities like the Society if they knew, had reason to know, or were otherwise on notice of an employee’s…

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