Doe

Petitioners Janice Doe and John Doe (parents) seek a writ of mandamus or prohibition directing respondent Superior Court of Santa Clara County to enter a new order overruling a demurrer to the seventh and eighth causes of action of parents’ first amended complaint (Complaint). Those causes of action allege that real party in interest The First Baptist Church of San Jose, doing business as Camp on the Hill (Camp), fraudulently concealed information from parents about a Camp employee’s suspected molestation of their daughter Jane Doe (minor) at its summer camp. We will grant the petition because under the facts of this case disclosure of suspected molestation by a Camp employee was within the scope of Camp’s duty to minor and her parents.

I. TRIAL COURT PROCEEDINGS

Parents’ petition arises from a lawsuit they filed against Camp and a former Camp employee named Keith Edward Woodhouse. As pleaded in the Complaint, Camp operated a summer camp for children in the first through sixth grades. The Camp Web site stated: “We take the selection of our summer staff very seriously, so you can be confident that the staff that is chosen is whom we believe will best serve your family.”…