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California Court of Appeal

Doe v. Roman Catholic Archbishop, 264947

In a suit involving plaintiffs, who were allegedly molested by a Catholic Church monsignor, who allegedly lavished them with meals, clothes, travel and money, and implicating Insurance Code section 11583 which tolls the statute of limitations period once a person makes an advance payment or partial payment of damages unless he notifies the recipient of the applicable statute of limitations period or until the recipient hires a lawyer, the trial court's dismissal of the complaint is reversed where although the monsignor's contemporaneous gifts did not amount to such an 'advance payment or partial payment of damages,' plaintiffs should be given the opportunity to amend their complaint to allege whether there were any solely compensatory payments made while the statute of limitations period had yet to expire.

Appellate Information

  • Decided
  • Published 2016/05/26




  • California Court of Appeal


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