Doe

Pursuant to Code of Civil Procedure section 340.1 1 “the limitations period for actions to recover damages for childhood sexual abuse is the later of either the plaintiff’s 26th birthday or three years from the date the plaintiff discovers, or reasonably should have discovered, that psychological injury occurring after turning 18 was caused by the sexual abuse. [Citation.]” (Dutra v. Eagleson (2006) 146 Cal.App.4th 216, 222 [ 52 Cal.Rptr.3d 788 ] (Dutra).) A plaintiff who is 26 years of age or older when such an action is commenced must file “certificates of merit” executed by the plaintiff’s attorney and by a licensed mental health practitioner. (§ 340.1, subds. (g), (h)(1), (2).) The certificates must include declarations reflecting a reasonable and meritorious cause for the filing of the action, and a reasonable basis to believe the plaintiff has been subject to childhood sexual abuse. (Doyle v. Fenster (1996) 47 Cal.App.4th 1701, 1704 [ 55 Cal.Rptr.2d 327 ] (Doyle).)

The certificates of merit must be filed within the statute of limitations period, unless the plaintiff’s attorney files a certificate—known as an attorney certificate—pursuant to section 340.1,…