Opinion
Page 1396e
202 Cal.App.4th 1396e __ Cal.Rptr.3d __ GEORGE SANTILLAN et al., Plaintiffs and Appellants, v. THE ROMAN CATHOLIC BISHOP OF FRESNO, Defendant and Appellant. B221409 California Court of Appeals, Second District, Eighth Division February 1, 2012Fresno County Super. Ct. No. 03CECG04480.
ORDER MODIFYING OPINION
THE COURT.
GOOD CAUSE appearing, the opinion filed January 6, 2012 (202 Cal.App.4th 708; __Cal.Rptr.3d__ ), in the above entitled matter is hereby modified as follows:
1. On page 10, line 11 of the text [202 Cal.App.4th 718, advance report, 1st par., line 2], delete “as that term is defined in section 340.1, subdivision (b)(2)” so that the sentence ends after “sexual conduct.”
2. On page 10, footnote 4 [202 Cal.App.4th 718, advance report, fn. 4], delete the text of the footnote and replace it with the following sentence: “The Doe court held that the term ‘unlawful sexual conduct’ refers to the acts specified in section 340.1, subdivision (e), which defines ‘ ‘[c]hildhood sexual abuse’ in terms of seven provisions of the Penal Code describing various prohibited sexual acts against minors. (Doe, supra, 42 Cal.4th at pp. 545-546.)”
3. On page 10, line 15, through page 11, line 4 of the text [202 Cal.App.4th 718, advance report, 1st par., lines 7-13], replace the entire sentence that begins “Fourth, in the case....” with the following: “Fourth, reason to know means that the entity defendant has acquired actual knowledge of facts from which a reasonable person of ordinary intelligence, or one of the superior intelligence of the actor, would either infer, or consider highly probable, that the agent had previously committed an act of unlawful sexual conduct with the minor. (42 Cal.4th at pp. 545-549.)”
4. At the end of the new sentence just described in paragraph 3, above [202 Cal.App.4th 718, advance report, new fn. 6], add the following footnote: “In the case of an entity defendant like the Diocese, which operates through an organizational hierarchy composed of various officers, agents, managers, and employees, the defendant’s “reason to know” must refer to knowledge acquired by a sufficiently authorized representative of the entity. That person’s knowledge must then be evaluated by the standard of either a reasonable person of ordinary intelligence, or of a person who has “superior, ” or
Page 1396f
specialized knowledge that would pertain to his evaluation of the facts he has acquired. We need not elaborate on that standard because that issue is not before us; its parameters will perhaps be determined by another court.”
No change in judgment.