Doe v. San Diego Imperial CouncilAnnotate this Case
John PD Doe was a Boy Scout who attended the Mataguay Scout Ranch, which was owned and operated by San Diego-Imperial Council (formerly Desert Pacific Council) and Boys Scouts of America (together Respondents). Glenn Jordan was an employee at the Mataguay Scout Ranch. Around August 1998, when Doe was 14 years old, and continuing until around 2000, Jordan repeatedly and continuously sexually abused him. Respondents knew Jordan had a propensity to molest children, but failed to warn Doe, Doe's parents or other camp attendees of Jordan's dangerous propensities. In 2003, when Doe was about 19 and 20 years old, Respondents provided him counseling for the abuse he suffered. Through this counseling process, Doe began to realize that the earlier sexual abuse he had suffered caused the emotional and psychological problems he had been experiencing. Doe retained counsel in November 2012. On January 9, 2013, Doe filed this action against Respondents alleging various causes of action. The issue this case presented for the Court of Appeal's review centered on the interaction of the statute of limitations and certificate of merit requirement set forth in section Code of Civil Procedure section 340.1 with the tolling provision of Insurance Code section 11583. Specifically, Doe contended that Insurance Code section 11583 tolled the statute of limitation for his claims; thus, although he was chronologically 29 years old when he filed his lawsuit, he was not required to file a certificate of merit because he was actually 20 years old at the time he filed his complaint based on the tolling provisions of Insurance Code section 11583. The Court disagreed and concluded the trial court properly dismissed Doe's complaint after sustaining a demurrer without leave to amend.