Judge: Christian R. Gullon, Case: 23STCV24432, Date: 2024-09-04 Tentative Ruling
Case Number: 23STCV24432 Hearing Date: September 4, 2024 Dept: O
Tentative Ruling
(1)
DEMURRER
OF DEFENDANTS INTERNATIONAL CHURCH OF CHRIST, INC., MIKE ROCK, ELIZABETH
“LIBBY” ROCK, STEVE LOUNSBURY, CARIE LOUNSBURY, JAY MINOR, TRACY MINOR, KEVIN
HOLLAND, DAVID BRUCE, LOS ANGELES INTERNATIONAL CHURCH OF CHRIST, EDWARD
TOWNSEND, KAREN TOWNSEND, AND JOHN UNZUETA TO FIRST AMENDED COMPLAINT is MOOT
as to Jane Roe 9, Jane Roe 10, and Alyssia Phillips and OVERRULED as to
Jane Roe 6 and Jane Roe 7.
(2) DEFENDANTS’ MOTION TO STRIKE PORTIONS OF
FIRST AMENDED COMPLAINT is GRANTED with leave to amend.
Background
These are
sexual abuse cases.
On October 6,
2023, Plaintiffs JANE ROE 4, an individual; JANE ROE 5, an individual; JANE ROE
6, an individual; JANE ROE 7, an individual; JANE ROE 9, an individual; JANE
ROE 10, an individual; and ALYSSIA PHILLIPS filed suit against INTERNATIONAL
CHURCHES OF CHRIST, INC., a California nonprofit corporation; THOMAS (“KIP”)
McKEAN, an individual; MARK WILKINSON, an individual; CINDY WILKINSON, an
individual; MARTY WILKINSON, an individual; NANCY WILKINSON, an individual;
MIKE TALIAFERRO, an individual; MISSION POINT CHRISTIAN CHURCH, a Texas
nonprofit corporation; MIKE ROCK, an individual; ELIZABETH (“LIBBY”) ROCK, an
individual; STEVE LOUNSBURY, an individual; CARRIE LOUNSBURY, an individual;
JAY MINOR, an individual; TRACI MINOR, an individual; KEVIN HOLLAND, an
individual; DAVID BRUCE, an individual; NATHAN CHUNG, an individual; LOS
ANGELES INTERNATIONAL CHURCH OF CHRIST, a California non-profit corporation;
EDWARD (“ED”) TOWNSEND, an individual; KAREN TOWNSEND, an individual; ALLEN
PHILLIPS, an individual; JOHN UNZEUTA, an individual.
On March 25,
2024, Plaintiffs Jane Roe 6, 7, 9, 10, and Alyssia filed their FAC.
On May 30,
2024, McKean was dismissed.
On June 20,
2024, moving defendants filed the instant demurrer x MTS.
On July 1,
2024, Alyssia, Jane Roe 9 and 10 were dismissed. Thus, the only remaining
Plaintiffs are Jane Roe 6 and Jane Roe 7.
On July 29,
2024, Plaintiffs filed their opposition.
To date, no
reply has been received.
Discussion
As noted by
Plaintiffs, the demurrer is partly moot. As to Alyssia, Jane Roe 9, and 10,
they were dismissed; thus, the demurrer is moot. As for Jane Roe 6 and Jane Roe
7, Defendants’ demurrer states that they had until the age of 26 to file their
claims. (Demurrer p. 7:25-26.) And here, they filed their claims before the age
of 26: At the time of filing, Jane Roe 6 was 19 years old (FAC ¶ 114), and Jane
Roe 7 was 25 years old (FAC ¶ 142). (See Opp. p. 3.) Thus, the claims as to the
remaining Plaintiffs are timely.
As for the
motion to strike, the court refers to the parties to its analysis in the other
related cases. Therefore, the MTS is granted with leave to amend.