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DUTRA v. EAGLESON

No. B183033.

52 Cal.Rptr.3d 788 (2006)

146 Cal.App.4th 216

David DUTRA, Plaintiff and Appellant, v. Donald EAGLESON, Defendant and Respondent.

Court of Appeal of California, Second District, Division Eight.

December 27, 2006.

Attorney(s) appearing for the Case

Picone & Defilippis and Steve M. Defilippis for Plaintiff and Appellant. Zalkin & Zimmer, Irwin M. Zalkin, San Diego, Michael H. Zimmer, Devin M. Storey and Michael J. Kinslow as Amicus Curiae on behalf of Plaintiff and Appellant.

Hoge, Fenton, Jones & Appel, James E. Towery, Adrienne Ziff Cohn, San Jose; Howie & Smith and Audrey Smith for Defendant and Respondent.

RUBIN, J.

Plaintiff David Dutra appeals from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrer of defendant Donald Eagleson because the court believed Dutra's complaint was untimely under the statute of limitation's one-year revival period for certain childhood sexual abuse claims. (Code Civ. Proc, § 340.1, subd. (c).) We conclude that the complaint cannot be read as falling within that revival period; instead...

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