Legal Question in Personal Injury in California
Molestation Statute of Limitation
If a child was molested and the perpetrator is deceased, can his estate be sued and is there a statute of liminations on this? Thank you.
1 Answer from Attorneys
Re: Molestation Statute of Limitation
Yes the estate can be sued. Applicable statute of limitation is contained in CCP section 340.1 and reads in relevant part:
In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later, for any of the following actions:
(1) An action against any person for committing an act of childhood sexual abuse.
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