JOHN DOE v.CITY OF LOS ANGELES et al
Filed 2/24/06; pub. order 3/7/06 (see end of opn.)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| JOHN DOE, Plaintiff and Appellant, v. CITY OF LOS ANGELES et al., Defendants and Respondents. | B178689 (Los Angeles County Super. Ct. No. BC293484) |
| JOHN DOE 2, Plaintiff and Appellant, v. CITY OF LOS ANGELES et al., Defendants and Respondents. | (Los Angeles County Super. Ct. No. BC308146) |
APPEALS from orders of the Superior Court of Los Angeles County, Robert L. Hess, Judge. Affirmed.
Taylor & Ring, David M. Ring, John C. Taylor; Bennett, Johnson & Galler, Todd A. Walburg, and William C. Johnson for Plaintiffs and Appellants John Doe and John Doe 2.
Rockard J. Delgadillo, City Attorney, Janet G. Bogigian, Assistant City Attorney, and Amy Jo Field, Deputy City Attorney, for Defendant and Respondent City of Los Angeles.
Sedgwick, Detert, Moran & Arnold, Gregory H. Halliday, and Thomas A. Delaney for Defendant and Respondent Boy Scouts of America.
________________
Appellants John Doe and John Doe 2 brought actions against respondents City of Los Angeles (City) and Boy Scouts of America (BSA), alleging that a Los Angeles Police Department (LAPD) officer sexually abused them in the 1970's while they participated in LAPD Explorer and Scout programs, and the trial court sustained demurrers to their complaints without leave to amend. We affirm.
RELEVANT PROCEDURAL HISTORY
A. John Doe
John Doe initiated his action on April 7, 2003. On May 17, 2004, he filed his fourth amended complaint, which asserts claims for sexual abuse, negligence, sexual battery, assault and battery, and tortious infliction of emotional distress against David J. Kalish, and claims for negligent supervision, training, management, and failure to warn against respondents. The fourth amended complaint alleges that in the 1970's, Kalish--who was then an LAPD officer--was an advisor in the LAPD's Scout and Explorer programs, which the LAPD operated in association with the BSA, and an advisor in the LAPD's Deputy Auxiliary Police (DAP) program. The complaint further alleges that John Doe joined the DAP program in 1974, when he was 13 years old; he participated in the Scout and Explorer programs from 1975 until 1979, when he was 17 years old; and Kalish sexually abused him from 1974 to 1979.
Respondents demurred to the fourth amended complaint, contending, inter alia, that its claims were time-barred under Code of Civil Procedure section 340.1. The trial court sustained respondents' demurrers without leave to amend on July 26, 2004. John Doe subsequently noticed an appeal.[1]
B. John Doe 2
John Doe 2 began his action on December 23, 2003. On July 22, 2004, he filed his first amended complaint, which asserts claims against Kalish and respondents that closely resemble the claims in John Doe's fourth amended complaint. John Doe 2 alleges that he joined the DAP program as a 13 year old in 1975; he participated in the Scout and Explorer programs as a minor from 1977 until 1979; and Kalish sexually abused him from â€
