County of Alameda v. Superior Court

Opinion

MERRILL, J.

Petitioner challenges the overruling of its demurrer to an action for negligence in screening for adoptive parents. Petitioner contends that real parties’ claim against the county was late and that the statute of limitations for the lawsuit has expired. We conclude that the court erred in overruling the demurrer because plaintiffs failed to plead facts showing that the statute of limitations had been met.

In a complaint filed August 27, 1984, real parties Rachel and Toni R. (twins) alleged that their adoptive father, Joseph R., sexually abused and commercially and sexually exploited them from the time they were seven years of age until they were fifteen years of age. The complaint named as defendants both Joseph R. and the Regents of the University of California, the latter for its role as employer of Joseph R. and owner of the premises upon which some of the actions took place. On June 6, 1986, real parties filed a second amended complaint substituting petitioner, the County of Alameda, for a Doe defendant, and asserting negligence by the county in facilitating, allowing, and recommending the adoption by Joseph R.

[1285]

The third amended complaint, to which petitioner’s demurrer was addressed, does not state when the complained of conduct took place, except that it began shortly after Joseph R. obtained custody over real parties and that it continued until real parties were able to free themselves from the custody and control of Joseph R. It asserts that real parties filed their claims against the county on June 6, 1986.

The County of Alameda demurred to the third amended complaint, asserting failure to file a claim within 100 days after the cause of action accrued. The demurrer pieced together information from the original and third amended complaint and asserted that real parties had admitted that the sexual abuse ended December 31, 1980. It argued that the cause of action against the county accrued December 31, 1980, at the latest, and that the claim against the county should have been filed on or before April 10, 1981. It further argued that the latest date for filing an application for leave to file a late claim was December 31, 1981. Finally, it contended that the statute of limitations for real patties’ injuries also expired on December 31, 1981, at the latest.