Lynch v. Superior Court

In Lynch v. Superior Court (1995) 33 Cal.App.4th 1223, the appellate court ordered the trial court to enter an order sustaining the defendant's demurrer and dismissing the information (which alleged multiple counts under section 288, subdivision (a)) as time barred, holding that section 803, subdivision (g) did not extend the expired statute of limitation. (Lynch, at p. 1228.) The Lynch holding was superseded by statute when the Legislature specifically amended section 803, subdivision (g) in response to the Lynch decision by adding the language "shall revive any cause of action barred by Section 800 . . . ." ( 803, subd. (g)(3)(A))