Doe

Code of Civil Procedure section 340.1 sets forth the limitations period for actions to recover damages for childhood sexual abuse. (Undesignated statutory references are to the Code of Civil Procedure.) Subdivision (g) of section 340.1 (section 340.1(g)) provides that every plaintiff 26 years of age or older who is making a claim based on allegations of childhood sexual abuse must file a certificate of merit.

In this case, we address the interaction of the statute of limitations and certificate of merit requirement set forth in section 340.1 with the tolling provision of Insurance Code section 11583. Specifically, John PD Doe contends that Insurance Code section 11583 tolled the statute of limitation for his claims; thus, although he was chronologically 29 years old when he filed his lawsuit, he was not required to file a certificate of merit because he was actually 20 years old at the time he filed his complaint based on the tolling provisions of Insurance Code section 11583. We disagree and conclude the trial court properly dismissed Doe’s complaint after sustaining a demurrer without leave to amend.

FACTUAL AND PROCEDURAL BACKGROUND

In accordance with our standard…