Rivas

Rivas v. Safety-Kleen Corporation

Good Law
119 Cal. Rptr. 2d 503·2002 Cal. App. LEXIS 4075·2002 Daily Journal DAR 4995·98 Cal. App. 4th 218·67 Cal. Comp. Cases 608
Court of Appeal of CaliforniaMay 7, 2002B133572California9,590 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.