Boy Scouts of America National Foundation v. Superior Court

I. INTRODUCTION

Real parties in interest John Doe 1, John Doe 2, and John Doe 3 are brothers who allege that they were sexually molested from 1977 to 1987 by William “Bill” E. Knox, 1 their stepfather and a leader of their church Boy Scout troop. In 2009, at ages 43, 42 and 39, respectively, they filed an action against Knox and the Mormon Church, 2 as well as the Boy Scouts of America National Foundation and the Pacific Skyline Council, Boy Scouts of America (hereafter, collectively the Boy Scouts) in which they alleged that the Boy Scouts were liable under various tort theories for the psychological injuries they suffered as adults due to childhood sexual abuse.

*433 The Boy Scouts demurred to the second amended complaint on the ground that the action was time-barred under Code of Civil Procedure section 340.1, subdivision (b)(1). 4 Section 340.1 provides the limitations periods for civil actions arising from childhood sexual abuse. Subdivision (b)(1), with one exception not relevant here, bars claims of negligent or intentional wrongdoing by a nonperpetrator “person or entity” after the plaintiff’s 26th birthday. (§ 340.1, subd. (b)(1).) The trial court sustained…