Shirk v. Vista Unified School Dist.

Filed 10/10/07



IN THE SUPREME COURT OF CALIFORNIA



LINDA SHIRK,
Plaintiff and Appellant,
S133687
v.
Ct.App.
4/1
D043697
VISTA UNIFIED SCHOOL DISTRICT,
)
)
San
Diego
County
Defendant and Respondent.
Super. Ct. No. GIC818294

MODIFICATION OF OPINION

BY THE COURT:
The opinion herein, appearing at 42 Cal.4th 201, is modified as follows:
The first sentence of the first paragraph on page 208 is modified to read: In
1998, there was another amendment to section 340.1, acknowledging the liability of a
“person or entity” whose negligent or intentional acts were a “legal cause” of a child’s
sexual abuse.
The modification does not affect the judgment.
Opinion Information
Date: Docket Number:
Wed, 10/10/2007 S133687M
Parties
1 Boucher, Raymond P. (Amicus curiae)
Represented by Raymond Paul Boucher
Kiesel Boucher & Larson, LLP
8648 Wilshire Boulevard
Beverly Hills, CA
2 California State Association Of Counties (Amicus curiae)
Represented by Jennifer Bacon Henning
Litigation Counsel
1100 "K" Street, Suite 101
Sacramento, CA
3 Jones, Jeffrey Paul (Defendant and Respondent)
Represented by Jon Y. Vanderpool
Tosdal Smith Steiner & Wax
600 "B" Street, Suite 2100
San Diego, CA
4 League Of California Cities (Amicus curiae)
Represented by Jennifer Bacon Henning
Litigation Counsel
1100 "K" Street, Suite 101
Sacramento, CA
5 Roman Catholic Archbishop Of Los Angeles (Amicus curiae)
Represented by Lee W. Potts
Hennigan, Bennett & Dorman, LLP
865 S. Figueroa Street, Suite 2900
Los Angeles, CA
6 Shirk, Linda (Plaintiff and Appellant)
Represented by Manuel Jr. Corrales
Attorney at Law
11753 Avenida Sivrita
San Diego, CA
7 Vista Unified School District (Defendant and Respondent)
Represented by Daniel R. Shinoff
Stutz Artiano Shinoff & Holtz
2400 Historic Decatur Road, Suite 200
San Diego, CA
8 Vista Unified School District (Defendant and Respondent)
Represented by Jack M. Jr. Sleeth
Stutz Artiano Shinoff & Holtz
401 West "A" Street, 15th Floor
San Diego, CA
9 Zalkin, Irwin M. (Amicus curiae)
Represented by Irwin Myron Zalkin
Zalkin & Zimmer
12555 High Bluff Drive, Suite 260
San Diego, CA
Disposition
Aug 20 2007 Opinion: Reversed
Dockets
May 6 2005 Petition for review filed
by counsel for respondent (Vista Unified School District). (recv'd in San Diego)
May 6 2005 Received Court of Appeal record
Jun 22 2005 Petition for review granted (civil case)
Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, and Brown, JJ.
Jul 5 2005 Certification of interested entities or persons filed
Atty Carelli for respondent, Vista Unified School District
Jul 8 2005 Request for extension of time filed
By counsel for petitioner, Vista Unified School District. Requesting to August 22, 2005, to file opening brief on the merits. (to court for permission)
Jul 8 2005 Certification of interested entities or persons filed
By counsel for appellant
Jul 15 2005 Extension of time granted
On application of respondent and good cause appearing, it is ordered that the time to serve and file the opening brief on the merits is extended to and including August 22, 2005.
Aug 22 2005 Opening brief on the merits filed
By counsel for respondent, Vista Unified School District
Sep 7 2005 Request for extension of time filed
to file answer brief/merits appellant {SHIRK} asking 45 days -
Sep 13 2005 Extension of time granted
On application of appellant, and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including November 7, 2005.
Nov 3 2005 Request for extension of time filed
to file answer brief/merits to 12-07-05 appellant [SHIRK]
Nov 4 2005 Extension of time granted
On application of appellant and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including December 7, 2005.
Dec 12 2005 Received:
untimely answer brief on the merits obo appellant Linda Shirk. application for relief from default forthcoming.
Dec 14 2005 Application for relief from default filed
Linda Shirk, Defendant and Appellant Manuel Corrales, Jr., Retained
Dec 15 2005 Answer brief on the merits filed
w/permission. Linda Shirk, Plainitiff and Appellant Manuel Corrales, Jr., retained
Dec 23 2005 Request for extension of time filed
By counsel for respondent, Vista Unified School District. Respondent requesting to 2/3/06 to file reply brief on the merits (to court for permission)
Dec 30 2005 Extension of time granted
On application of respondent and good cause appearing, it is ordered that the time to serve and file the reply brief on the merits is extended to and including February 3, 2006.
Feb 3 2006 Reply brief filed (case fully briefed)
Vista Unified School District, Defendant and Respondent Paul V. Carelli, retained
Mar 1 2006 Received application to file Amicus Curiae Brief
Atty Jennifer Henning for amici California State Association of Counties and League of California Cities in support of respondent Vista Unified School District (to court for permission)
Mar 3 2006 Received application to file Amicus Curiae Brief
Irwin M. Zalkin and Raymond P. Boucher's in support of appellant, Linda Shirk (to court for permission to file)
Mar 3 2006 Received:
declaration of Devin M. Storey in support of Irwin M. Zalkin and Raymond P. Boucher's Petition to Appear as Amicus Curiae and Amicus Brief in support of appellant Linda Shirk.
Mar 8 2006 Permission to file amicus curiae brief granted
The application of California State Association of Counties and League of California Cities for permission to file an amicus curiae brief in support of respondent, Vista Unified School District, is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Mar 8 2006 Amicus curiae brief filed
California State Association of Counties and League of California Cities in support of respondent, Vista Unified School Distrct. Jennifer B. Henning, retained
Mar 10 2006 Permission to file amicus curiae brief granted
The application of Irwin M. Zalkin and Raymond P. Boucher for permission to file an amicus curiae brief in support of appellant, Linda Shirk, is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Mar 10 2006 Amicus curiae brief filed
Irwin M. Zalkin and Raymond P. Boucher in support of appellant, Linda Shirk.
Mar 10 2006 Request for judicial notice filed (granted case)
Atty Irwin M. Zalkin and Atty Raymond P. Boucher
Mar 22 2006 Request for extension of time filed
by Atty Carelli obo Vista Unified School District requesting to May 4 (35-days) to file a response to amici curiae brief of Irwin M. Zalkin and Raymond P. Boucher. (to court for permission)
Mar 24 2006 Extension of time granted
On application of respondent and good cause appearing, it is ordered that the time to serve and file an answer to the amicus curiae brief of Irwin M. Zalkin and Raymond P. Boucher is extended to and including May 4, 2006.
Mar 28 2006 Request for extension of time filed
by Atty Corrales obo appellant Linda Shirk requesting an extension of time to May 3 (36-days) to file an answer brief to amici curiae filed by California State Association of Counties and League of California Cities (to court for permission)
Apr 5 2006 Extension of time granted
On application of appellant and good cause appearing, it is ordered that the time to serve and file the answer to the amicus curiae brief of California State Association of Counties and League of California Cities is extended to and including May 3, 2006.
Apr 24 2006 Note: Mail returned (unable to forward)
copy of order filed 4/5/06 to Atty Mark Bush. (no forwarding address)
Apr 28 2006 Response to amicus curiae brief filed
Linda Shirk, Plaintiff and Appellant Manuel Corrales, Jr., counsel
May 4 2006 Response to amicus curiae brief filed
Vista Unified School District, Defendant and Respondent. Paul Carelli, counsel.
May 24 2006 Received application to file Amicus Curiae Brief
for permission to file a reply to Petitioner's answer by amicius curiae Irwin M. Zalkin and Raymond P. Boucher (to court for permission to file)
Jun 2 2006 Permission to file amicus curiae brief granted
The application of amicus curiae Irwin M. Zalkin and Raymond P. Boucher for permission to file a reply brief in support of appellant, Linda Shirk, is hereby granted. A response thereto may be served and filed by any party within thirty days of the filing of the brief.
Jun 2 2006 Amicus curiae brief filed
Irwin M. Zalkin and Raymond P. Boucher reply brief in support of appellant, Linda Shirk.
Jul 3 2006 Filed:
Respondent's, Vista Unified School District, Sur-reply brief to amicus reply brief on Irwin M. Zalkin and Raymond P. Boucher.
Jul 3 2006 Change of contact information filed for:
Counsel for Respondent Vista Unified School District Attorneys Daniel R. Shinoff and Jack M. Sleeth, Jr., etal
Sep 11 2006 Filed letter from:
Atty Ronquillo & Corrales counsel for Linda Shirk, Plaiintiff and Appellant, requesting oral argument.
Oct 31 2006 Received application to file Amicus Curiae Brief
Received application to file late amicus curiae brief Received amicus curiae brief Received Request for Judicial Notice Received Vol 1, Vol 2, Vol 3 [Legislative History] Roman Catholic Archbishop of Los Angeles
Nov 8 2006 Filed:
Letter from Defense Liaison Counsel, attorney for the amici Roman Catholic Archbishop of Los Angeles, requesting permission to file a reply to opposition by Plaintiffs
Nov 9 2006 Filed:
Opposition from Atty Manual Corrales counsel for Linda Shirk, appellant, to the Roman Catholic Archbishop of Los Angeles's petition for relief from Rule 29(f)(2).
Nov 15 2006 Permission to file amicus curiae brief granted
The application of Roman Catholic Archbishop of Los Angeles for permission to file an amicus curiae brief in support of respondent is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Nov 15 2006 Amicus curiae brief filed
Roman Catholic Archbishop of Los Angeles in support of respondent. Lee W. Potts, counsel
Nov 15 2006 Request for judicial notice filed (granted case)
By Roman Catholic Archbishop of Los Angeles, amicus curiae Lee W. Potts, counsel
Nov 27 2006 Application filed to:
request permission to file an answer brief in response to the amicus brief of the Roman Catholic Archbishop of Los Angeles and Request for extension of time by amicus curiae Irwin Zalkin and Raymond Boucher. (to court for permission to file)
Nov 29 2006 Request for extension of time filed
Appellant Linda Shirk requesting add'l 30-days to file answer to Roman Catholic Archbishop of Los Angeles amicus brief. (to court for permision)
Dec 1 2006 Extension of time denied
Appellant's request for an extension of time within which to file an answer brief in response to the amicus curiae brief of Roman Catholic Archbishop of Los Angeles is denied.
Dec 1 2006 Extension of time granted
The application of amicus curiae Irwin M. Zalkin and Raymond P. Boucher for permission to file an answer brief in response to the amicus brief of the Roman Catholic Archbishop of Los Angeles is granted; and, good cause appearing, it is ordered that the time to serve and file the answer brief is extended to and including December 29, 2006. No further extensions will be contemplated.
Dec 6 2006 Response to amicus curiae brief filed
Linda Shirk, Plaintiff and Appellant. Manuel Corrales, Jr., counsel response to amicus curiae brief of Roman Catholic Archbishop of Los Angeles
Dec 29 2006 Response to amicus curiae brief filed
AC Irwin M. Zalkin and Raymond P. Boucher, in response to AC brief filed by The Roman Catholic Archbishop of Los Angeles. By Devin M. Storey, counsel
Dec 29 2006 Request for judicial notice filed (granted case)
AC Irwin M. Zalkin and Raymond P. Boucher in support of their response to AC brief filed by The Roman Catholic Archbishop of Los Angeles.
Jan 25 2007 Filed:
Request by Roman Catholic Archbishop of Los Angeles for leave to file a reply to appellant's answer to amicus curiae brief and to amicus curiae Zalkin answer to amicus brief. (to court for permission)
Feb 1 2007 Order filed
The application of Roman Catholic Archbishop of Los Angeles for permission to file a reply to appellant's answer to amicus curiae brief and to amicus curiae Irwin M. Zalkin and Raymond P. Boucher answer to amicus curiae brief is hereby granted.
Feb 1 2007 Filed:
Reply to appellant's answer to amicus brief of Zalkin and Boucher filed by amicus curiae Roman Catholic Archbishop of Los Angeles Lee W. Potts, counsel
Feb 5 2007 Filed:
Atty Lee Potts Motion to strike portions of appellant's answer to amicus brief of Roman Catholic Archbishop of Los Angeles (to court for permission)
Feb 20 2007 Order filed
The motion of amicus curiae Roman Catholic Archbishop of Los Angeles to strike portions of appellant's answer to amicus curiae brief of Roman Catholic Archbishop of Los Angeles is hereby denied.
May 2 2007 Case ordered on calendar
to be argued on Thursday, May 31, at 9:00 a.m., in San Francisco
May 11 2007 Received:
letter from counsel for AC Irwin M. Zalkin et al., dated May 10, 2007, requesting permission to allow one representaitve to appear at Oral Argument.
May 15 2007 Letter sent to:
Mr. Raymond P. Boucher and counsel for appellant and respondent, regarding Mr. Boucher's letter requesting permission to appear before the court for oral argument.
May 17 2007 Request for judicial notice granted
The request for judicial notice filed in this court on October 31, 2006, by amicus curiae Roman Catholic Archbiship of Los Angeles is granted as to the documents described below. Judicial notice is denied as to all other documents. Tietge v. Western Province of the Servites, Inc. (1997) 55 Cal.App.4th 382. Senate Committee on the Judiciary, Third Reading Analysis of Senate Bill No. 108 (1989-1990 Reg. Sess) as amended August 15, 1990. Statutes 1998, chapter 1032. Statutes 1999, chapter 120. Bill History of Senate Bill 1779 (2001-2002 Reg. Sess.). Senate Rules Committee, Office of Senate Floor Analyses, Report on Senate Bill No.1779 (2001-2002 Reg. Sess.) as amended June 17, 2002. Senate Committee on the Judiciary, Third Reading Analysis of Senate Bill No. 1779 (2001-2002 Reg. Sess.) as amended June 17, 2002. Assembly Committee on the Judiciary, Report on Senate Bill No. 1779 (2001-2002 Reg. Sess.) as amended June 6, 2002. Senate Rules Committee, Office of Senate Floor Analyses, Report on Senate Bill No. 1779 (2001-2002 Reg. Sess.) as amended May 15, 2002. `Senate Judiciary Committee, Report on Senate Bill No. 1779 (2001-2002 Reg. Sess.) as amended May 2, 2002. Assembly Republican Bill Analysis, Report on Senate Bill No. 1779 (2001-2002 Reg. Sess.) as amended June 6, 2002.
May 17 2007 Request for judicial notice granted
The request for judicial notice filed in this court on March 10, 2006, by amici curiae Irwin M. Zalkin and Raymond P. Boucher is granted as to all documents in exhibits 1 through 10. The request is denied as to exhibit 11. The request for judicial notice filed in this court on December 26, 2006, by amici curiae Irwin M. Zalkin and Raymond P. Boucher is granted.
May 21 2007 Supplemental brief filed
Vista Unified School District, Defendant and Respondent Jack M. Sleeth, Jr., counsel
May 29 2007 Received:
Application by Amicus Curiae Irwin Zalkin and Raymond P. Boucher for leave to file a supplemental amicus curiae brief on the merits (to court for permission)
May 30 2007 Order filed
The application of amicus curiae Raymond P. Boucher and Irwin M. Zalkin for permission to file a supplemental brief is hereby granted. No party is required to respond to the supplemental brief submitted by amicus curiae, but should any party wish to respond to the supplemental brief it may do so by way of letter briefing received by the San Francisco office of this court no later than Wednesday, June 6, 2007.
May 30 2007 Supplemental brief filed
By: Irwin M. Zalkin and Raymond P. Boucher, Amicus Curiae
May 31 2007 Cause argued and submitted
Jun 5 2007 Filed:
Appellant, Linda Shirk's letter brief in response to supplemental brief submitted by amicus curiae. by counsel, Manuel Corales, Jr. via fax.
Jun 6 2007 Filed:
Response to supplemental brief submitted by amicus curiae. Roman Catholic Archbishop of Los Angeles, Amicus Curiae by Lee Potts, counsel
Jun 7 2007 Filed:
Response filed by Manuel Corrales, Jr., counsel for appellant Linda Shirk to amicus curiae Boucher & Irwin's supplemental brief. (CRC, rule 8.25 - priority mail)
Jun 19 2007 Filed:
Substitution of Attorneys substituting Manuel Corrales in place of law firm of Ronquillo & Corrales counsel for Linda Shirk, Plaintiff and Appellant.
Aug 17 2007 Notice of forthcoming opinion posted
Aug 20 2007 Opinion filed: Judgment reversed
Majority Opinion by Kennard, J. ----- Joined by George, C. J., Baxter, Chin, Moreno and Corrigan, JJ. Dissenting Opinion by Werdegar, J.
Aug 28 2007 Rehearing petition filed
Linda Shirk, Plaintiff and Appellant. Manuel Corrales, Jr., counsel
Aug 29 2007 Received:
letter from Christina J. Imre counsel for respondent Boy Scouts of America in Doe v. City of Los Angeles, No. S142546. Counsel is writing to call the court's attention to what they believe are two typographical or other errors in the August 20th opinion in this case.
Aug 30 2007 Time extended to consider modification or rehearing
The time for granting or denying rehearing in the above-entitled case is hereby extended to and including November 16, 2007, or the date upon which rehearing is either granted or denied, whichever occurs first.
Sep 6 2007 Note: Mail returned and re-sent
copy of order sent to attorney Daniel Shinoff of Stutz Artiano et al. (forwarding time has expired.)
Oct 10 2007 Opinion modified - no change in judgment
Oct 10 2007 Rehearing denied
Werdegar, J., is of the opinion the petition should be granted.
Oct 10 2007 Remittitur issued (civil case)
Oct 17 2007 Received:
Receipt for Remittitur
Briefs
Aug 22 2005 Opening brief on the merits filed
Dec 15 2005 Answer brief on the merits filed
Feb 3 2006 Reply brief filed (case fully briefed)
Mar 8 2006 Amicus curiae brief filed
Mar 10 2006 Amicus curiae brief filed
Apr 28 2006 Response to amicus curiae brief filed
May 4 2006 Response to amicus curiae brief filed
Jun 2 2006 Amicus curiae brief filed
Nov 15 2006 Amicus curiae brief filed
Dec 6 2006 Response to amicus curiae brief filed
Dec 29 2006 Response to amicus curiae brief filed

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