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Rubenstein v. Doe No. 1

3 Cal. 5th 903, 221 Cal. Rptr. 3d 761, 400 P.3d 372 (2017)

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Rubenstein v. Doe No. 1

California Supreme Court
3 Cal. 5th 903, 221 Cal. Rptr. 3d 761, 400 P.3d 372 (2017)

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Facts

In 2012, Latrice Rubenstein (plaintiff) filed a written claim with Doe No. 1 (Doe) (defendant), a public entity, alleging that Rubenstein was molested by her high school track coach, a Doe employee, in 1993 and 1994. Doe denied Rubenstein’s claim, and Rubenstein filed suit. Rubenstein claimed that latent memories of her alleged sexual molestation first reemerged in 2012. The superior court sustained Doe’s demurrer. The California Court of Appeal reversed, finding that Rubenstein’s 2012 claim was timely. The California Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Chin, J.)

Dissent (Werdegar, J.)

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Casebooks

California Civil Procedure

Key Terms