Guess, Inc. v. Superior Court

Petitioners, defendants and cross-complainants Guess, Inc., Georges Marciano and Maurice Marciano (Guess) seek a writ of man date compelling the respondent superior court to grant their motion for summary adjudication on statute of limitations grounds on certain communications supporting a trade libel cause of action alleged in the complaint of the real parties in interest, plaintiffs and cross-defendants Jeff Hamilton, Inc. and Jeff Hamilton & Associates, Inc. (Hamilton). We deny the petition.

In this proceeding we rule that a cause of action based on trade libel is governed by the two-year period of limitations prescribed by section 339, subdivision 1, of the Code of Civil Procedure.

Facts

On December 6, 1984, Hamilton filed a complaint against Guess for declaratory relief, breach of contract, breach of implied covenant of good faith and fair dealing, trade libel, interference with prospective business advantage, interference with contract, and injunctive relief. Hamilton sought a declaration of the rights and duties of the parties under a license agreement whereby Hamilton acquired the right to design, manufacture, distribute, and sell men’s sportswear bearing the…