Doe v. CFR Enterprises, Inc.
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In 2019, several dozen plaintiffs sued Massage Envy (a franchisor) and Massage Envy franchisees alleging that as adults they were sexually assaulted by massage therapists at California Massage Envy locations from 2003-2014. The trial court dismissed 18 claims as untimely. Just as the appellate briefing was about to be completed, the Governor approved Assembly Bill 2777, which amended section 340.16 of the Code of Civil Procedure to revive certain claims that relate to sexual assault provided that the claims had not been litigated to finality or compromised by a written settlement agreement before January 1, 2023.
The court of appeal reversed the dismissals. The new law revives some, if not all, of the claims but the operative complaints and motions were drafted before the revival statute was enacted. Remand to the trial court is necessary to give the plaintiffs the opportunity to amend their complaints and to give the defendants the opportunity to make further arguments regarding the effect of the revival statute on each of the claims.
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