West Shield Investigations & Security Consultants v. Superior Court

I. Introduction

In this original proceeding, we consider two issues of first impression which relate to the statute of limitations. First, petitioners assert that Code of Civil Procedure section 352, which mandates that statutes of limitation are tolled for minors, no longer applies once the minor is emancipated because Family Code section 7050, subdivision (e)(4), expressly provides that an emancipated minor’s adult powers include the right to sue. Second, petitioners contend that the one-year statute of limitations for personal injury actions, which is codified at section 340, subdivision (3), applies to claims of civil rights violations made under the Unruh Civil Rights Act, Civil Code section 51 et seq. (hereafter, Act). As we shall explain, we agree with petitioners on both issues.

Accordingly, because real party in interest Charleen Eymil was emancipated by court order before her 18th birthday, but her action against petitioners was not filed until more than one year later, all causes of action subject to the one-year statute of limitations for personal injury actions are time-barred. Petitioners are therefore entitled to summary adjudication of those causes of…