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California Civil Procedure, Keyed to Levine, 6th Ed.
F.P. v. Monier
Citation:
3 Cal. 5th 1099, 225 Cal. Rptr. 3d 504, 405 P.3d 1076 (2017)Facts
In February 2006, plaintiff F.P. sued defendant Joseph Monier for acts of sexual battery allegedly committed in 1990 and 1991 when plaintiff was 10 years old and defendant was 17 years old. Plaintiff also sued defendant’s parents for negligence in failing to supervise and protect her. Before trial, plaintiff settled with defendant’s parents, and the remaining action proceeded to bench trial. Evidence showed that plaintiff’s father also sexually abused her during the same time period. Expert testimony indicated plaintiff suffered from posttraumatic stress disorder attributable to both defendant’s and her father’s conduct, with experts unable to separate the harm caused by each perpetrator. On April 29, 2009, the trial court issued a tentative decision finding defendant liable and indicating intent to award $305,096 in damages. Defendant timely requested a statement of decision that same day. On May 1, 2009, the court signed the judgment without issuing a separate statement of decision, though the judgment itself contained factual findings regarding defendant’s conduct and causation of plaintiff’s injuries.
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