In John Y. v. Chaparral Treatment Center, Inc. (2002) 101 Cal.App.4th 565, a counselor at a group residential facility for emotionally troubled youth sodomized an 11-year-old boy who had been placed at the facility. (John Y., supra, 101 Cal.App.4th at pp. 569-570, 572.) The victim filed suit against the counselor, the facility, and various other defendants. (Id. at p. 573.) The plaintiff prevailed at trial, certain defendants prevailed on motions for JNOV and new trial, and the parties appealed and cross-appealed. (Id. at pp. 573-574.) On the plaintiff's appeal, the appellate court concluded that the trial court did not err by refusing to instruct the jury on respondeat superior liability, because as a matter of law the counselor's misconduct was outside the course and scope of his employment. (Id. at pp. 574-578.) The court reviewed the relevant case law and noted that in Farmers the Supreme Court "observed, in a survey of California cases, that with the exception of cases involving sexual misconduct by on-duty police officers against members of the public, employers have not been held vicariously liable for the sexual wrongdoing of their employees. While that survey was completed in 1995, our own review of subsequent cases reveals that the Supreme Court's observation still holds true." (Id. at p. 575.)