California, United States of America
The following excerpt is from Roe 58 v. Doe 1, 11 Cal. Daily Op. Serv. 945, 120 Cal.Rptr.3d 311, 2011 Daily Journal D.A.R. 1119 (Cal. App. 2011):
This case requires the court to construe the statute of limitations for childhood sexual abuse claims, specifically, claims against nonabuser entities who failed to take steps to safeguard minors from known or suspected molesters. The majority holds, as it did in Hightower v. Roman Catholic Bishop of Sacramento (2006) 142 Cal.App.4th 759, 48 Cal.Rptr.3d 420, that the delayed discovery provision of the statute does not apply to any victim who reached his 26th birthday before January 1, 2003, and who did not sue during the one-year revival period provided by the statute whether or not the victim had discovered or should have discovered the cause of his injuries. I cannot agree with the majority and would hold that the statute bars only those claims of persons age 26 or older who had discovered the cause of their injuries but did not sue during the one-year revival period.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.