Liebig

Liebig v. Superior Court

Good Law
1989 Cal. App. LEXIS 346·209 Cal. App. 3d 828·257 Cal. Rptr. 574
Court of Appeal of CaliforniaApril 14, 1989A041742California2,643 words

Opinion

Opinion

King, J.

In this case we hold that the Legislature has the power to retroactively extend a civil statute of limitations to revive a cause of action time-barred under the former limitations period.

Petitioner August Liebig is the defendant in a suit filed by his granddaughter, real party Lisa Liebig, seeking tort damages for alleged sexual molestation. August demurred to Lisa’s complaint on the ground it was filed beyond the applicable limitations period. Lisa responded that Code of Civil Procedure section 340.1, enacted in 1986, extended the limitations period for sexual molestation torts and expressly revived causes of action which were time-barred under the former period of limitations but timely under the extension. The trial court rejected August’s contention that the Legislature could not effect such a revival, and overruled August’s demurrer. August sought review by extraordinary writ. We summarily denied the petition, but the Supreme Court granted review and retransferred the matter with directions to issue the alternative writ. Having done so and heard oral argument, we again deny the petition.

The complaint sets forth causes of action for negligence, assault and…

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