The Sherman's V the Church of Divine Light

PA310 – Tort Law

Kaplan University

By,

Introduction

Rob and Bunny Sherman desire to prosecute The Church of the Divine Light for the wrongful acts they committed against their minor son, Rob Jr, and for the intentional wrongs the church has committed against them.

Facts

The Sherman’s maintain that the director for the youth retreat for The Church of the Divine Light, Tom Marsden, manipulated their 15 year old son into attending some of the church’s youth meetings.

The Sherman’s assert that on one evening, approximately one year ago, their son was getting ready to leave a youth meeting, when the director, Tom Marsden, started making several excuses to detain their son. In the height of Tom Marsden’s excuses, he told their son that if he were to leave, he would be thrown into the fires of hell and would not be allowed back.

Rob Jr. concurred and stayed. The following day, Tom Marsden instructed Rob Jr. to write a letter to his parents informing them that he is staying with his “new” family and to demand money to cover his living expenses.

Rob Jr. stayed with the church for approximately 6 months until his parents came to give him money for his expenses, at which time, they pulled him into their car and took him home.

After two weeks of the Sherman’s attentive monitoring of Rob Jr., he ultimately came out from under the church's brainwashing.

Issue #1

First, have the Statutes of Limitations ran? If not, what is the deadline in which to file a lawsuit? Are there exceptions for a minor?

Issue #2

What are the possible causes of action in which Rob Jr.’s parents may have against the church and against Tom Marsden?

Issue #3

What are the possible causes of action in which Rob Jr. may have against the church and against Tom Marsden? And if so, can Rob Jr. file a lawsuit on his own behalf as a minor to enforce his rights by civil action?

According to Cal. Family Code § 6601, “a minor will need to be accompanied by a guardian to...