California Appellate Tracker

Doe v. CFR Enterprises, Inc. (2023) 2023 WL 4783591

August 20, 2023

A 2022 amendment to CCP 340.16(b)(3) revives until 2026 claims for damage resulting from sexual assault that occurred after 2008. This decision holds that the amendment revives any claim for damages arising from a sexual assault, without regard to the legal theory of the claim, and is not limited to tort claims for sexual assault or battery. However, it questions whether a UCL cause of action can be revived since damages are not recoverable under the UCL. As amended CCP 340.16(e) also revives (until 2024) claims for sexual assault against an entity legally responsible for the assault if the entity or its employees engaged in a cover up of prior instances or allegations of sexual assault by a perpetrator–but it need not be the same perpetrator who sexually assaulted the plaintiff. Cover up is defined to mean “a concerted effort to hide evidence relating to a sexual assault that incentivizes individuals to remain silent or prevents information relating to a sexual assault from becoming public as by use of nondisclosure or confidentiality agreements.

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California Appellate Tracker

Doe v. CFR Enterprises, Inc. (2023) 2023 WL 4783591

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