Last month, the Second District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.
New CA Torts Case
Safechuck v. MJJ Productions, Inc. (2023) _ Cal.App.5th _ , 2023 WL 5317832: The Court of Appeal reversed the trial court’s order sustaining defendants’ demurrer, without leave to amend, in a case alleging sexual molestation of a minor by Michael Jackson and reversed the trial court’s order granting defendants’ motion for summary judgment in another similar sexual molestation case involving Jackson. The trial court concluded that the two corporations, wholly owned by the Jackson, did not have a duty to protect plaintiffs from sexual abuse Jackson is alleged to have inflicted on them for many years while they were children because the corporations had no ability to control Jackson—their sole owner—or his interactions with plaintiffs. The Court of Appeal disagreed and, following the guidance in Brown v. USA Taekwondo (2021) 11 Cal.5th 204, concluded that a corporation that facilitates the sexual abuse of children by one of its employees is not excused from an affirmative duty to protect those children merely because it is solely owned by the perpetrator of the abuse. Concluding that it would be perverse to find no duty based on the corporate defendant having only one shareholder, the Court of Appeal reversed the judgments entered for the corporations. (C.A. 2nd, August 18, 2023.)
I still take 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.
I train attorneys to become excellent trial lawyers, and I train law firm associates to quickly become excellent attorneys. To start working with me email me at [email protected] or call me at (619) 990-4312.
Trial Alchemy™ Podcast
In my Trial Alchemy™ Podcast I interview outstanding plaintiff and defense lawyers, who are members of the American Board of Trial Advocates (ABOTA), about what works and what doesn't work in civil jury trials. This is a great way for less experienced lawyers to learn from the masters to become excellent trial lawyers. To hear the most recent podcast episode, click here.
I help attorneys and their clients by serving as a mediator, arbitrator and referee at ADR Services, Inc., handling cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule an ADR matter with me, contact my case managers at ADR services, Haward Cho, [email protected], (213) 683-1600, or Rachael Boughan, [email protected], (619) 233-1323.
Until my next blog post, stay safe and healthy.
Monty A. McIntyre, Esq.
Civil Trial Attorney
Master Lawyer Mentoring™
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]