Judge Christian R. Gullon, Case Number: 23STCV16430, Date: 2024-03-04 Tentative Ruling

Judge: Christian R. Gullon, Case: 23STCV16430, Date: 2024-03-04 Tentative Ruling

(1) DEMURRER OF DEFENDANTS, THE INTERNATIONAL CHRISTIAN CHURCH, INC. AND CITY OF ANGELS INTERNATIONAL CHRISTIAN CHURCH, TO PLAINTIFFS’ COMPLAINT is MOOT because a first amended complaint (FAC) was filed.

(2) MOTION OF DEFENDANTS, THE INTERNATIONAL CHRISTIAN CHURCH, INC. and CITY OF ANGELS INTERNATIONAL CHRISTIAN CHURCH TO STRIKE PORTIONS OF THE PLAINTIFFS’ COMPLAINT is MOOT.

This case arises out of allegations of childhood sexual abuse. Plaintiffs SALUD GONZALEZ (“Salud”) and JOANA DIAZ (“Joana”) allege the following against Defendants INTERNATIONAL CHURCHES OF CHRIST, INC. (“ICOC”); THE INTERNATIONAL CHRISTIAN CHURCH, INC. (“ICC”); CITY OF ANGELS INTERNATIONAL CHRISTIAN CHURCH (“City of Angeles Church”); THOMAS (“KIP”) McKEAN; FERNANDO SANCHEZ (“Sanchez”); SELINA ANN BOQUET (“Selina”); RICARDO GONZALEZ, an individual; ALFREDO ALANIS (“Alfredo”): Beginning at the age of 4, Salud was sexually assaulted by Sanchez, a teacher at Salud’s local ICOC Church. (See FAC p. 35.) Even when Salud changed churches to ICC, she was sexually assaulted by Selina, who ran the Chemical Recovery Program. (See FAC p. 36.) As for Joana, she assaulted and molested for years by Alfredo, an ICOC and ICC member. (FAC pp. 38-42.)

On July 13, 2023, Plaintiffs filed suit against Defendant asserting the following causes of action (COAs):

1.     SEXUAL ASSAULT OF A MINOR

2.     VIOLATION OF PENAL CODE 647.6(A)(1)

3.     INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

4.     NEGLIGENT HIRING, SUPERVISION, AND RETENTION

5.     NEGLIGENT SUPERVISION OF A MINOR

6.     FAILURE TO REPORT SUSPECTED CHILD ABUSE IN VIOLATION OF PENAL CODE SECTION 11165. ET SEQ. BASED ON VICARIOUS LIABILITY

7.     NEGLIGENCE

8.     SEXUAL BATTERY IN VIOLATION OF CAL. CIV. CODE § 1708.5

9.     GENDER VIOLENCE IN VIOLATION OF CAL. CIV. CODE § 52.4

On October 20, 2023, the court issued the following minute order re: Notice of Related Case: “The Court finds that the following cases, 23STCV16430 and 23STCV24432, are related within the meaning of California Rules of Court, rule 3.300(a). 23STCV16430 is the lead case. For good cause shown, said cases are assigned to Judge Christian R. Gullón in Department O at Pomona Courthouse South for all purposes.”

On January 26, 2023, Defendants the International Christian Church, Inc. and City Of Angels International Christian Church filed the instant demurrer with a motion to strike.

On February 20, 2023, Plaintiffs filed a first amended complaint (FAC) alleging the same COAs against the same Defendants.

As the demurrer and motion to strike are as to the original complaint but on 2/20/23, Plaintiffs filed a FAC, which now serves as the operative complaint, the demurrer and MTS are moot.