California Court of Appeal
K.J. v. Roman Catholic Bishop of Stockton, C058034
In a negligence action involving childhood sexual abuse, trial court action sustaining defendant's demurrer without leave to amend is affirmed where 1) plaintiff's childhood sexual abuse claim lapsed under the statute of limitations, and plaintiff failed to avail himself of the opportunity to file suit within the revival window of Code of Civil Procedure section 340.1; 2) common law delayed discovery rules do not apply to plaintiff's repressed memory claim, as they are inconsistent with the limitations periods expressly set forth in section 340.1 and the statute does not have retroactive effect.
Appellate Information
- Decided 04/10/2009
- Published 04/10/2009
Judges
- BUTZ, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Manly & Stewart, John C. Manley and Vince W. Finaldi, Newport Beach, for Plaintiff and Appelliant., Zalkin & Zimmer, Irwin M. Zalkin, Michael H. Zimmer, Devin M. Storey, San Diego, and Michael J. Kinslow, for K.J. as Amicus Curiae on behalf of Plaintiff and Appellant.
- For Appellees:
- Neumiller & Beardslee, Paul N. Balestracci and Lisa Blanco Jimenez, Stockton, for Defendant and Respondent.