Roe 21 v. Doe 1 et al. 12/7/10 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C062505

Case Date: 03/03/2011

Preview:Filed 12/7/10

Roe 21 v. Doe 1 et al. CA3

NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---JANE ROE 21, Plaintiff and Appellant, v. DEFENDANT DOE 1 et al., Defendants and Respondents. C062505 (Super. Ct. No. CV033950)

This is another in a series of appeals wending their way through the appellate courts, in which adult plaintiffs have sought to hold Catholic Church entities liable for child sexual abuse perpetrated by their clergy decades ago. These plaintiffs argue that their lawsuits are timely under the "delayed discovery rule" of Code of Civil Procedure section 340.1,1 because they did not recover memory of the abuse and its connection to their psychological injuries until they were well into middle age. They maintain this position despite the fact

that their lawsuits were filed well after the one-year "revival

1

Undesignated statutory references are to the Code of Civil Procedure. 1

window" that the Legislature established during the calendar year 2003, to bring lapsed claims against nonabuser defendants who knew or had reason to know their agents or employees were molesting children. (

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