Richelle L. v. Roman Catholic Archbishop

• Decision Date: 14 February 2003
• Docket Number: No. A096763.,A096763.
• Citation: 130 Cal.Rptr.2d 601,106 Cal.App.4th 257
• Court: California Court of Appeals Court of Appeals
• Parties: RICHELLE L., Plaintiff and Appellant, v. ROMAN CATHOLIC ARCHBISHOP of San Francisco et al., Defendants and Respondents.

130 Cal.Rptr.2d 601

106 Cal.App.4th 257

RICHELLE L., Plaintiff and Appellant, v. ROMAN CATHOLIC ARCHBISHOP of San Francisco et al., Defendants and Respondents.

No. A096763.

Court of Appeal, First District, Division 2.

February 14, 2003.

As Modified March 17, 2003.

Brian J. McCaffrey, San Francisco, Attorney for Appellant.

Tobin & Tobin, Paul E. Gaspari, Lawrence R. Jannuzzi, San Francisco, Attorneys for Respondent.

KLINE, P.J.

Appellant, Richelle L., is a member of the Church of Our Lady of Mount Carmel in San Francisco. Respondent Reverend Felix Namocatcat is employed by respondent Roman Catholic Archdiocese¹ (Archdiocese) as a priest at that church. This civil action for damages was commenced by appellant to compensate for the injuries she allegedly sustained as a result of a sexual relationship initiated by Reverend Namocatcat, who, she alleges, exploited a position of power and trust.

The trial court sustained respondents' demurrers without leave to amend. The ruling reflects the trial court's acceptance of respondents' contention that subjecting a member of the clergy and his church to tort liability for the manner in which an ecclesiastical officer carries out his pastoral responsibilities would excessively entangle the court in religious beliefs and practices, in violation of the religion clauses set forth in the First Amendment of the United States Constitution and article I, section 4, of the California Constitution. These constitutional provisions guarantee the free exercise of religion and bar laws respecting an establishment of religion.

Appellant timely appeals from the judgment for respondents entered by the court on the basis of its order sustaining the demurrers without leave to amend. We shall conclude that, contrary to the apparent belief of the trial court, there are circumstances in which tort liability for breach of a fiduciary duty may be imposed on a pastor for injuries resulting from the pastor's sexual misconduct with a parishioner without offense to the religion clauses. We shall also conclude, however, that those circumstances are not present in this case, and for that reason affirm the judgment.

I. FACTS

Because this appeal is from a pretrial ruling sustaining demurrers without leave to amend, our recitation of the facts assumes the truth of all facts properly pleaded by the plaintiff-appellant (Howard Jarvis Taxpayers Ass'n v. City of La Habra (2001) 25 Cal.4th 809, 814, 107 Cal.Rptr.2d 369, 23 P.3d 601; Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 579, 94 Cal. Rptr.2d 3, 995 P.2d 139; Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58), and likewise accepts as true all facts that may be implied or inferred from those she expressly alleges. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403, 44 Cal. Rptr.2d 339.)

In September of 1999 Reverend Namocatcat persuaded appellant to have sexual relations with him in the rectory of Our Lady of Mount Carmel Church, at which he was pastor and she was a parishioner. Prior to this relationship, appellant "was chaste and had never been involved in a sexual relationship." Reverend Namocatcat called appellant once or more each day and often left "romantic and sexual messages" on her answering machine. He also falsely represented to her that he had never had sexual relations with others, that his sexual relationship with her was not improper, and that he intended to retire in the area of the parish in order to remain near her. Prior to his relationship with appellant, Reverend Namocatcat had had a sexual relationship with another female member of the parish, and before that with women in other parishes to which he had previously been assigned. Reverend Namocatcat's "propensity for breaking his vows of celibacy" was well known and tolerated by other representatives of the Archdiocese.

In the exercise of his skill and knowledge as a priest and pastor, Reverend Namocatcat knew appellant was "deeply religious" and would therefore "be readily subject to manipulation and control by a pastor, and her judgment and ability to resist or reject his advances was substantially compromised by her religious faith and trust." Respondent Archdiocese and its agents and employees knew of Reverend Namocatcat's prior sexual misconduct and his sexual misconduct with appellant due, among other things, to the open and notorious nature of his sexual activities and his frequent use of the rectory for sexual encounters with parishioners.² The Archdiocese knew a parish priest occupies a superior position of power and influence that can be abused to manipulate parishioners and cause them serious emotional and psychological harm and, because of its knowledge of Reverend Namocatcat's sexual relationships with numerous parishioners, the Archdiocese knew or should have known that employing Reverend Namocatcat as parish priest created an unreasonable risk of harm to appellant and others.

The complaint alleges that as a result of respondents' breaches of their duties toward appellant, she has suffered and continues to suffer "irrevocable mental, physical and emotional harm; depression; mental and emotional distress; weight loss; public humiliation; and loss of her religious faith." Appellant seeks punitive damages against Reverend Namocatcat on the ground that his acts were "willful and malicious."

II. PROCEEDINGS BELOW

The complaint states seven causes of action. The first and the seventh, which allege breach of fiduciary duty and "general negligence," are against both Reverend Namocatcat and the Archdiocese. The fourth, fifth and sixth causes of action allege fraud and deceit, intentional infliction of emotional distress and negligent infliction of emotional distress only against Reverend Namocatcat, and the second and third causes of action allege negligent supervision/retention and negligent hiring only against the Archdiocese.

Respondent Archdiocese demurred on the ground that, with respect to the causes of action against it, the complaint failed to state facts sufficient to constitute a cause of action. On February 21, 2001, the Honorable David A. Garcia sustained the demurrer with leave to amend to allege further facts regarding the issue of prior notice to the Archdiocese of Reverend Namocatcat's alleged sexual propensities and reckless disposition.

The first amended complaint was filed on March 6, 2001. Reverend Namocatcat demurred to that pleading on April 4, 2001, and the Archdiocese separately filed general and special demurrers six days later. The thesis of all the demurrers, which rested on the First Amendment, was that respondents "did not owe a civil duty, fiduciary or otherwise, to [appellant] in these or any other circumstances," and "[t]his lack of duty is fatal to each cause of action." (Italics added.)

On May 9, 2001, the Honorable William Cahill sustained all of respondents' demurrers without leave to amend, and on that basis entered judgment against appellant on August 10, 2001. Because it leaves no issue for future consideration and terminates the litigation between the parties on the merits of the case, a judgment entered after the sustaining of demurrers without leave to amend is appealable. (Olson v. Cory (1983) 35 Cal.3d 390, 399,197 Cal.Rptr. 843, 673 P.2d 720.)

III. STANDARD OF REVIEW

"In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long-settled rules. We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan, 39 Cal.3d at p. 318, 216 Cal.Rptr. 718, 703 P.2d 58....) "[I]n ruling on a demurrer, the trial court is obligated to look past the form of a pleading to its substance. Erroneous or confusing labels attached by the inept pleader are to be ignored if the complaint pleads facts which would entitle the plaintiff to relief. [Citation.]" (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908, 274 Cal.Rptr. 186.) The task of the reviewing court, therefore, "is to determine whether the pleaded facts state a cause of action on any available legal theory." (Ibid.) Where as here, a demurrer is sustained without leave to amend, we decide whether there is a reasonable possibility the defect can be cured by amendment; if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm.

IV. DISCUSSION

Duty of Reverend Namocatcat

A.

The causes of action against Reverend Namocatcat—breach of fiduciary duty, fraud and deceit, and intentional and negligent infliction of emotional distress³—all arise from alleged conduct that can fairly be described as a sexual seduction. The threshold question, therefore, is whether such causes are barred by Civil Code section 43.5 (section 43.5). Subdivision (c) of that statute provides that no cause of action arises for alienation of affection, criminal conversation (i.e., the tort of seducing a wife), breach of promise of marriage, and, pertinent to the case before us, "seduction of a person over the age of legal consent." Sometimes referred to as the "anti-heart-balm statute," section 43.5 "was enacted to eliminate a class of lawsuits which were often fruitful sources of fraud and extortion and easy methods `to embarrass, harass, and besmirch the reputation of one wholly innocent of wrongdoing.' (Ikuta v. Ikuta (1950) 97 Cal.App.2d 787, 789, 218 P.2d 854 ...; see also, Boyd v. Boyd (1964) 228 Cal.App.2d 374, 377, 39 Cal. Rptr. 400....)" (Richard H. v. Larry D. (1988) 198 Cal.App.3d 591, 595, 243 Cal. Rptr. 807.) The statute creates a blanket immunization from liability for the conduct it protects unless such conduct "breaches a duty of care independent of...