Judge: Christian R. Gullon, Case: 23STCV16423, Date: 2025-05-14 Tentative Ruling

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Case Number: 23STCV16423    Hearing Date: May 14, 2025    Dept: O

Tentative Ruling

MOTION FOR JUDGMENT ON THE PLEADINGS BY DEFENDANTS’ INTERNATIONAL CHURCHES OF CHRIST, INC., ROB KOSBERG, CONNIE KOSBERG, STEVE GANSERT-MORICI, JAQUELINE GANSERT-MORICI, BRUCE WILLIAMS, AND ROBIN WILLIAMS is GRANTED with leave to amend.

For any future motions, the court requests that Defendants file separate motions per Plaintiff.

Background

This is a childhood sexual assault case.

On July 13, 2023, Plaintiffs DARLEEN DIAZ, BERNICE PEREZ, DESIREE PEREZ, JANE ROE 8, and ASHLEY RUIZ filed suit.

On March 13, 2024, Plaintiffs filed their first amended complaint (FAC) against Defendants INTERNATIONAL CHURCHES OF CHRIST, INC., an unincorporated association and former California nonprofit corporation; THOMAS (“KIP”) McKEAN, an individual; ROB KOSBERG, an individual; CONNIE KOSBERG, an individual; STEVE GANSERT-MORICI, an individual; JACQUELINE GANSERT-MORICI, an individual; DAVID SARACINO, an individual; CHRIS DEL ROSARIO, an individual; BRUCE WILLIAMS, an individual; ROBIN WILLIAMS, an individual; and DOES 1–10, inclusive for:

1. Sexual Assault Of A Minor

2. Violation Of Penal Code §§ 288(A), (B)(1), (B)(2)

3. Sexual Assault

4. Intentional Infliction Of Emotional Distress

5. Sexual Battery

6. Gender Violence

7. Negligent Hiring, Supervision, And Retention

8. Negligent Supervision Of A Minor

9. Failure To Report Suspected Child Abuse

10. Negligence

On June 24, 2024, Defendants International Churches of Christ, Inc.; Rob Kosberg; Connie Kosberg; Steve Gansert-Morici; Jaqueline Gansert-Morici; Bruce Williams; and Robin Williams (collectively, “Defendants”) filed the instant demurrer.

On September 4, 2024, the court sustained Defendants’ demurrer to Plaintiffs’ FAC finding that Plaintiffs’ claims against Defendants were time-barred. Plaintiffs were given leave to amend.

On October 4, 2024, Plaintiffs filed their second amended complaint (SAC).

On February 13, 2025, the instant MJOP was filed.

On April 25, 2025, Plaintiffs filed their opposition.

On May 1, 2025, Defendants filed their reply.

Discussion

As with Defendants’ 6/24/24 demurrer, Defendants similarly move for judgment on the pleadings as to the SAC on the grounds that it is time-barred. As the arguments, law, and analysis are similar, the court will revisit and adopt largely from its 9/4/24 ruling.

A.    Desiree Perez (CCP 340.16)

As with before, Perez seeks to invoke CCP 340.16(e)(1), which is the subdivision that permits claims for sexual assault (and related claims) where a plaintiff alleges a “cover up” by the responsible legal entities.

Previously, the court held that this subsection does not apply as the FAC alleged no cover up that occurred with respect to Plaintiff’s claims of sexual assault. To the extent that Plaintiffs relied upon allegation(s) that Perez told Kimberly Roscoe that she was allegedly raped, there were no allegations that the entity attempted to cover up the alleged assault; instead, the allegations are that they did not believe Plaintiff.  With that, the court gave leave to amend to allege facts about any purported cover-up(s).

In opposition, Plaintiffs again advance a volley of arguments, but none are supported by allegations. For example, and as noted in reply, Perez contends Defendants “ratified” Del Rosario’s conduct, but there are no facts that Del Rosario was an agent or employee of ICOC.

The court will afford one more opportunity at leave to amend.

b. MINOR VICTIMS’ LIMITATIONS PERIOD UNDER CCP 340.1

Previously, the court sustained the demurrers with leave to amend on the grounds that equitable tolling does not apply. Now, as noted in reply, the opposition for the first time argues they have until their 40th birthdays to bring their actions. Opp. at 8. This ground for relief is not alleged in the SAC, which concedes the deadline to file the complaint was June 27, 2023. (SAC ¶8 [“. Thus, taken together, CCP § 340.1(q) and Emergency Rule 9 permit any victim of childhood sexual assault to file a timely claim against any defendant on or before June 27, 2023.”].) As a court is bound by the pleadings on an MJOP, the court allows for leave to amend.

Conclusion

Based on the foregoing, the MJOP is granted, with leave to amend.