Lockheed Martin Corp. v. Superior Court

Engstrom, Lipscomb & Lack, Walter J. Lack, Elizabeth L. Crooke, Gary A. Praglin, Richard P. Kinnan; Girardi & Keese, Thomas V. Girardi, Los Angeles, and Howard B. Miller, El Segundo, for Real Parties in Interest.

HOLLENHORST, Acting P.J.

In this matter we are required to analyze and apply the delayed discovery rule in a toxic contamination case to determine whether the statute of limitations bars the personal injury and wrongful death claims of 28 plaintiffs and the claims of eight other plaintiffs brought pursuant to Proposition 65. [1] We conclude that the trial court did not correctly apply the rule to the facts and consequently erred in denying defendant Lockheed Martin Corporation's (Lockheed) motion for summary judgment/adjudication with respect to the 28 personal injury plaintiffs. With respect to the Proposition 65 claims, we seriously question whether Lockheed can be held liable when it is undisputed that it ceased operations in the area in 1974. However, Lockheed seeks reversal solely on the ground that the delayed discovery rule can never be applied to causes of action brought pursuant to Proposition 65. We are not prepared to so hold, and believe that its contentions…