Doe

Doe v. Doe 1

Good Law
146 Cal. Rptr. 3d 215·2012 Cal. App. LEXIS 918·2012 D.A.R. 11·208 Cal. App. 4th 1185·2012 WL 3643075
Court of Appeal of CaliforniaAugust 27, 2012No. B233498California3,920 words

Opinion

Lead Opinion

Rubin, J.

Plaintiff John Me Doe appeals from the judgment dismissing his complaint against four Catholic Church entities for childhood sexual abuse by a parish priest in the 1980’s after the trial court sustained the church entities’ demurrers because the statute of limitations had expired. Because plaintiff alleged that he received psychological counseling paid for by one church entity’s insurer, but did not receive notice of when the statute of limitations would run as required by Insurance Code section 11583, we hold that the statute of limitations was tolled, making the complaint timely. Accordingly, we reverse and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

In August 2010, plaintiff John Me Doe sued four Catholic Church entities as Doe defendants, alleging that his local parish priest sexually molested him in 1987 and 1988. 1 Plaintiff alleged that he was bom in 1975, and was *1188 between the ages of 12 and 13 when the abuse occurred. Plaintiff alleged that he did not discover that he had adult-onset psychological injuries that were caused by the childhood molestation until 2008, and that he first retained a lawyer that same year.

Plaintiff also alleged…

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