Chevron U.S.A. Inc. v. Superior Court

We consider the statute of limitations in an action alleging diesel fuel pollution caused by defects in the installation of an underground storage tank. The issue is whether a property owner who might otherwise be entitled to indemnification for abating a “continuing nuisance” is barred by the statute of limitations applicable to latent construction defects. Code of Civil Procedure section 337.15 imposes a 10-year limitation on actions involving injury to property caused by latent construction defects. (See Grange Debris Box & Wrecking Co. v. Superior Court (1993) 16 Cal.App.4th 1349, 1354-1357 [ 20 Cal.Rptr.2d 515 ] (hereafter Grange).) Case law provides, however, that an action alleging a continuing nuisance or trespass may be brought at any time before the nuisance or trespass has been discontinued or abated or within three years afterward. (See Wilshire Westwood Associates v. Atlantic Richfield Co. (1993) 20 Cal.App.4th 732, 744-745 [ 24 Cal.Rptr.2d 562 ] [hereafter Wilshire Westwood].) When an action alleging a continuing nuisance caused by a latent construction defect is filed beyond the 10-year period, one of these principles must yield. We conclude that the…