Court Limits Liability in Childhood Abuse Claims
A California appeals court applied Proposition 51 to revived childhood sexual abuse lawsuits against Catholic dioceses, schools, and the Boy Scouts of America.
Updated on Nov. 2, 2026 in Sex Crimes
On October 5, 2026, the California Court of Appeal ruled in JCCP 5108 v. Superior Court that Proposition 51 limits each defendant to its own share of fault for non-economic damages in childhood sexual abuse claims revived under a 2019 state law. The Second Appellate District, Division Five, modified the decision on Friday and denied a petition from survivors suing Catholic dioceses, schools, and the Boy Scouts of America.
Why it matters
The ruling removes a route survivors had sought to full recovery from institutions held jointly liable for abuse. It turns on whether a 1986 voter-approved limit on liability applies to claims filed decades later under a 2019 revival law.
The court denied the survivors' petition and applied Proposition 51, which was approved by voters in 1986, to claims filed under the 2019 revival law. More than 1,500 suits against Northern California dioceses were filed during the three-year window, and the source does not say what further appeals remain.
The players
Second Appellate District, Division Five
The California Court of Appeal division that issued and modified the decision in this case, based in Los Angeles.
Boy Scouts of America
A national youth organization that was among the institutions sued by childhood sexual abuse survivors in this case.
The details
Survivors argued that joint and several liability should apply because the abuse occurred before Proposition 51 took effect in 1986. The court rejected that argument, holding that the revived claims accrued when filed under the 2019 law and finding no evidence the legislature intended joint and several liability for newly filed claims.
Timeline
1986: California voters approved Proposition 51, ending joint and several liability for non-economic damages.
2019: The state legislature revived expired abuse claims and opened a three-year window for new filings.
October 5, 2026: The Court of Appeal issued its decision in JCCP 5108 v. Superior Court.
Late October 2026: The Second Appellate District, Division Five, modified the decision on Friday.
Legal Context
The decision applies California Proposition 51, approved by voters in 1986, to abuse claims revived by the state's 2019 law. It shows how a decades-old limit on joint and several liability can determine recovery in a new wave of institutional abuse suits.
Survivors with pending childhood abuse claims against California dioceses, schools, or youth organizations may face different recovery limits under the ruling. Residents following these cases should note that the court applied a 1986 liability rule to claims filed under the 2019 law.
The takeaway
Legal limits set decades ago can shape how much survivors recover today. Anyone affected by childhood abuse claims should consult an attorney about how Proposition 51 applies to their specific case.
Further reading
For related coverage, see Sex Crimes reporting on California.
Source note: This article includes information reported by Business Insurance.
