Bangert

Plaintiffs appeal the trial court’s order denying leave to file an amended complaint after the statute of limitations had run. The amended complaint sought to add as plaintiffs 92 individuals who were all members of the proposed class named in the original complaint. Applying federal class action procedural law, we conclude the statute of limitations was tolled until a final determination regarding the propriety of class certification was made by the trial court. Consequently, we hold the trial court erred in denying plaintiffs’ leave to file their amended complaint.

Facts

Plaintiffs commenced this litigation as a class action. (See Code Civ. Proc., § 382.) The original complaint was filed August 22, 1980, by the named plaintiffs on behalf of themselves and “all persons similarly situated” who were currently residing within a one-third mile radius of Narmco’s plastic research plant in Costa Mesa, California. Plaintiffs sought injunctive relief as well as recovery for property damage, economic loss, and physical injuries purportedly caused by chemical air and water pollution emanating from Narmco’s factory over a 31-year period.

The first three years of this lawsuit are…