Santillan

Santillan v. Roman Catholic Bishop of Fresno

Good Law
136 Cal. Rptr. 3d 197·2012 Cal. App. LEXIS 7·202 Cal. App. 4th 708
Court of Appeal of CaliforniaJanuary 6, 2012No. B221409California10,603 words

Opinion

Lead Opinion

Rubin, J.

*711 Opinion

George Santillan and his brother Howard Santillan sued the Roman Catholic Bishop of Fresno for childhood sexual abuse by one of the diocese’s former priests. A jury found that their claims were time-barred because there was no evidence that the diocese knew that the priest was committing such acts either before or during the time when the Santillans were being abused. The trial court granted a new trial as to Howard based on newly discovered evidence of another person who had reported that the same priest was abusing him during the period when Howard was being molested. The trial court denied the new trial motion as to George because the new witness’s report occurred after the abuse of George had stopped, and entered judgment for the diocese against George.

George appeals from the judgment, contending that the jury was improperly instructed and that certain evidence was wrongly excluded. He also contends the trial court erred by denying his new trial motion. The diocese cross-appeals from the order granting a new trial for Howard. We affirm the judgment and both new trial orders.

FACTS AND PROCEDURAL HISTORY

1. Procedural Background and Issues on Appeal

Brothers…

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