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4374 The statute permitting childhood sexual abuse actions to be filed during the year 2003 so long as they were not previously litigated to finality on the merits applies only to actions against third party facilitators, but not against the actual perpetrators, so an action against an alleged child abuser is covered instead by the statute permitting suit until plaintiff reaches the age of 26 years or within three years of plaintiff's actual or constructive discovery that psychological injuries resulted from the abuse; in spite of checkboxes in a plaintiff's form master complaint indicating that all defendants fell within the group to which the revival statute would apply, the boilerplate allegation was contradicted by specific allegations that the abuse was actually committed by the only named defendant, so the revival statute did not apply.CitationDUTRA v EAGLESON (Catholic School Abuse) 146 CA4 216 [See: CCP 340.1; Aaronoff v Martinez-Senftner 136 CA4 910, T/AT 3/06; Mark K v RC Archbishop 67 CA4 603, T/AT 12/98]
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