Styling Plastics Co. v. Neptune Orient Lines, Ltd.

MEMORANDUM AND ORDER GRANTING MOTION TO DISMISS

INTRODUCTION

Plaintiff moves for partial summary judgment and defendant moves for sumnfia- ry judgment on the issue of whether plaintiff’s action is time barred as against any of the defendants. Plaintiff’s action was not commenced until November 14, 1986, nearly two years after the “misdelivery” at issue in this case. Defendant, Neptune Orient Lines et al. (“Neptune”) contends that the Carriage of Goods by Sea Act (“COGSA”), as well as the express terms of the bill of lading, compel the application of a one-year time limitation wherein suit must be brought after delivery of the goods or the date when the goods should have been delivered.

Plaintiff asserts that California law applies pursuant to California Code of Civil Procedure section 338 which provides a three year statute of limitation in cases of conversion. Plaintiff also contends that conversion is a “deviation” which deprives the carrier and his agents of the benefits of the bill of lading. Finally, plaintiff appears to argue that the bill of lading is an adhesion contract and is therefore unenforceable.

STATEMENT OF FACTS

The parties have stipulated to the following…