California Court of Appeal

Although a petition for writ of mandate is denied as moot, the Court of Appeals holds that the trial court erred in overruling the Boy Scouts' demurrer to a cause of action for intentional infliction of emotional distress stemming from alleged sexual abuse by a troop leader, where: 1) the claim was time-barred under the applicable statute of limitations, subsections (a)(3) and (b)(1) of Code of Civil Procedure section 340.1, because the original complaint was filed after the plaintiffs' 26th birthdays; and 2) the claim was not governed by the statute of limitations of section 340.1(a)(1) applicable to actions against any "person," as that term did not apply to entities such as the Boy Scouts.

Appellate Information

• Decided 05/24/2012
• Published 05/24/2012

Judges

• Bamattre-Manoukian

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sedgwick LLP, Armstrong & Associates, LLP