New CA Torts Case: Can the date of a childhood sexual assault be amended after the complaint is filed?
New California Torts Case
Can the date of a childhood sexual assault be amended after the complaint is filed?
The Court of Appeal decided this issue last month. Here is my one-paragraph case summary from my online publication California Case Summaries™:
S.C. v. Doe 1 (2025) _ Cal.App.5th _ , 2025 WL 2945697: The Court of Appeal reversed the trial court’s order denying plaintiff’s motion for leave to amend her complaint alleging childhood sexual assault, and it’s order granting defendant’s motion for summary judgment. Plaintiff originally alleged that the sexual assault occurred in 1981 when she was in foster care. Once her counsel received her juvenile record, it was clear that plaintiff was first placed in foster care in 1984. The trial court denied plaintiff’s motion for leave to amend her complaint and granted summary judgment for Doe 1, concluding that the complaint could not be amended under Code of Civil Procedure former section 340.1 because of its certificate-of-merit requirement. The Court of Appeal disagreed, concluding that the statute did not bar amendments under Code of Civil Procedure section 473(a)(1), the trial court abused its discretion in denying the motion to amend and summary judgment was therefore improper. (C.A. 5th, October 17, 2025.)
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.
Do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Business, Insurance Bad Faith, Real Property and Tort Litigation.
Trial Mentoring™: Trial training & preparation
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA attorney since 1980. ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
