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Doe v. San Diego-Imperial Council

California Court of Appeals, Fourth District, First Division

July 31, 2015

JOHN PD DOE, Plaintiff and Appellant,
v.
SAN DIEGO-IMPERIAL COUNCIL et al., Defendants and Respondents.

APPEAL from a judgment of the Superior Court of San Diego County, No. 37-2013-00029313- CU-PO-NC Timothy M. Casserly, Judge.

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COUNSEL

Manly, Stewart & Finaldi, John C. Manly, Vince W. Finaldi; Esner Chang & Boyer and Holly N. Boyer for Plaintiff and Appellant.

White Oliver & Amundson, Susan L. Oliver and Juan Fernando Kish for Defendants and Respondents.

OPINION

McINTYRE, J.

Code of Civil Procedure section 340.1 sets forth the limitations period for actions to recover damages for childhood sexual abuse. (Undesignated statutory references are to the Code of Civil Procedure.) Subdivision (g) of section 340.1 (section 340.1(g)) provides that every plaintiff 26 years of age or older who is making a claim based on allegations of childhood sexual abuse must file a certificate of merit.

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In this case, we address the interaction of the statute of limitations and certificate of merit requirement set forth in section 340.1 with the tolling provision of Insurance Code section 11583. Specifically, John PD Doe contends that Insurance Code section 11583 tolled the statute of limitation for his claims; thus, although he was chronologically 29 years old when he filed his lawsuit, he was not required to file a certificate of merit because he was actually 20 years old at the time he filed his complaint based on the tolling provisions of Insurance Code section 11583. We disagree and conclude the trial court properly dismissed Doe's complaint after sustaining a demurrer without leave to amend.

FACTUAL AND PROCEDURAL BACKGROUND

In accordance with our standard of review, we recite the facts alleged in Doe's operative complaint. (Moe v. Anderson (2012) 207 Cal.App.4th 826, 828 [143 Cal.Rptr.3d 841].)

Doe was a Boy Scout who attended the Mataguay Scout Ranch, which is owned and operated by San Diego-Imperial Council (formerly Desert Pacific Council) and Boys Scouts of America (together Respondents). Glenn Jordan was an employee at the Mataguay Scout Ranch. Around August 1998, when Doe was 14 years old, and continuing until around 2000, Jordan repeatedly and continuously sexually abused him. Respondents knew Jordan had a propensity to molest children, but failed to warn Doe, Doe's parents or other camp attendees of Jordan's dangerous propensities. In 2003, when Doe was about 19 and 20 years old, Respondents provided him counseling for the abuse he suffered. ...


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