Doe

Two priests employed by defendant Roman Catholic Bishop of Sacramento (the Diocese) molested two young sons of plaintiff Jane Doe and other children about 20 or more years ago. The two priests fled the country—one in 1989, after pleading guilty to child molestation charges unrelated to Doe’s sons, and the other in 1991, after being accused by another family of child molestation.

In 2008, Doe sued the Diocese, alleging that she suffered damages as a result of the priests’ molestation of her sons. She asserted causes of action for fraud and negligence. 1 However, the trial court sustained the Diocese’s demurrer to the complaint because, among other reasons, Doe’s action was barred by the statute of limitations.

Doe appeals. On the issue of the statute of limitations, she contends that the trial court erred in sustaining the demurrer because, under the discovery rule, her causes of action against the Diocese did not accrue until 2007, when her sons told her about the molestations. We conclude that Doe had a duty of inquiry, under the circumstances as alleged in her complaint, when the priests fled the country. Therefore, her causes of action, even assuming without deciding…