Mojica

Mojica v. 4311 WILSHIRE, LLC

Good Law
131 Cal. App. 4th 1069·2005 Cal. App. LEXIS 1231·2005 Daily Journal DAR 9570·31 Cal. Rptr. 3d 887·2005 Cal. Daily Op. Serv. 6999
Court of Appeal of CaliforniaAugust 8, 2005B175577California1,603 words

Opinion

Opinion

Rubin, J.

Michelle Mojica appeals from the trial court’s judgment dismissing her complaint as time-barred. We reverse.

FACTS AND PROCEDURAL HISTORY

Michelle Mojica alleges she was injured on December 10, 2001, when an elevator she was riding malfunctioned. On December 2, 2002, eight days before the then one-year statute of limitation for personal injury lawsuits expired (Code Civ. Proc., former § 340; see Stats. 2002, ch. 448, § 3), she filed a personal injury complaint based on diversity jurisdiction in federal district court in California against respondents Schindler Elevator Corporation and Jamison Properties, Inc. Apparently because the district court clerk initially delayed accepting the complaint for filing, appellant also filed a second complaint on December 10, 2002, in federal district court in Utah to ensure she met the one-year deadline that expired that day. A few weeks later, on January 1, 2003, new Code of Civil Procedure section 335.1 took effect and extended the statute of limitations for personal injury suits to two years.

In May 2003, the district court in California dismissed appellant’s complaint for lack of complete diversity because she and respondent…

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