Rivas
Rivas v. Safety-Kleen Corporation
Opinion
Opinion
Curry, J.
The claims of appellants Hector Rivas, his wife, Macrina, and Hector Montiel against the manufacturers and suppliers of various allegedly toxic chemicals and compounds were dismissed on statute of limitations grounds. The trial court ruled that appellants had sufficient knowledge of injury and wrongdoing for purposes of accrual of the statute of limitations more than one year prior to the dates their complaints were filed, and that all their claims, including a claim for fraudulent concealment based on failure to warn of a product defect, were subject to the one-year statute of limitations for personal injury rather than the three-year statute of limitations for fraud. Appellants contend these rulings were error. They also present the issue of whether federal law governing release of hazardous substances preempts California’s statute of limitations. We conclude that the trial court did not err in granting summary judgment and that California’s statute of limitations is not preempted. We, therefore, affirm.
Factual and Procedural Background
The Rivas and Montiel Complaints
On April 3, 1998, appellant Rivas and his wife, Macrina, filed a complaint for negligence, strict…