Aaronoff v. Martinez-Senftner

In Aaronoff v. Martinez-Senftner (2006) 136 Cal.App.4th 910, the court summarized the core statutory provisions as follows: "Section 340.1 provides that an action for recovery of damages suffered as a result of childhood sexual abuse must be commenced within three years of discovering that injury occurred as the result of the abuse, or within eight years after the plaintiff attains the age of majority, whichever is later. ( 340.1, subd. (a).) This limitations provision applies whether the defendant is the perpetrator of the abuse, or a third party whose liability stems from a negligent or intentional act which was the legal cause of the abuse that resulted in the injury. ( 340.1, subd. (a)(1)-(3).) In the case of a third party defendant, the action must be commenced before the plaintiff's 26th birthday unless the third party defendant 'knew or had reason to know, or was otherwise on notice, of any unlawful sexual conduct by an employee, volunteer, representative, or agent, and failed to take reasonable steps, and to implement reasonable safeguards, to avoid acts of unlawful sexual conduct in the future by that person' in which case the action must be commenced within three years of discovering the injury was caused by the abuse. ( 340.1, subd. (b)(2).)" In Aaronoff v. Martinez-Senftner, supra, 136 Cal.App.4th 910, the court held that the special relationship required by subdivision (b)(2) of section 340.1 does not include a parental relationship. The court explained, "The statute is targeted at third party defendants who, by virtue of certain specified relationships to the perpetrator (i.e., employee, volunteer, representative, or agent), could have employed safeguards to prevent the sexual assault. It requires the sexual conduct to have arisen through an exploitation of a relationship over which the third party has some control. In other words, the perpetrator's access to the victim must arise out of the perpetrator's employment with, representation of, agency to, etc., the third party, and the third party must be in such a relationship with the perpetrator as to have some control over the perpetrator. The child must be exposed to the perpetrator as an inherent part of the environment created by the relationship between the perpetrator and the third party ... ." (Aaronoff, at p. 921.) Relying on the legislative history of the 2002 amendment to section 340.1, which "explained that the responsible third party entity to which the legislation is directed is an entity such as 'an employer, sponsoring organization or religious organization'" (Aaronoff, at p. 922), the court concluded that "the statute applies to assaults that are related to the perpetrator's employment, or that are made more likely by the nature of the perpetrator's work and the fact of the perpetrator's continued employment" (id. at pp. 922-923).