Stoneson Development Corp. v. Superior Court

The sole issue raised by this petition is whether the 10-year limitation period of section 337.15 of the Code of Civil Procedure applies to a cause of action based on strict products liability. We conclude that it does, requiring the striking of a cause of action based on this theory of liability.

According to the allegations of the complaint against petitioner, a mudslide in 1962 caused damage to real party’s hillside property. Petitioner repaired the damages improperly in that year and, as a result, the real property was damaged by mudslides in 1982. A complaint was filed in 1983 against petitioner among others and amended in 1985. Petitioner moved to strike the second cause of action based on breach of implied warranty and the third cause of action based upon strict products liability. Real party in interest presented no opposition to the striking of the second cause of action but contended that the 10-year statute did not bar the cause of action based on products liability. Respondent court agreed without explanation and, on September 25, 1987, granted the motion to strike the second cause of action and denied the motion to strike the third cause of…