Krupnick

Krupnick v. Duke Energy Morro Bay, L.L.C.

Good Law
115 Cal. App. 4th 1026·2004 Cal. App. LEXIS 183·2004 Daily Journal DAR 2119·9 Cal. Rptr. 3d 767·2004 Cal. Daily Op. Serv. 1355
Court of Appeal of CaliforniaFebruary 18, 2004B168117California1,405 words

Opinion

Opinion

Yegan, J.

John Krupnick appeals from an order dismissing his personal injury action with prejudice following the sustaining of the demurrer of Duke Energy Morro Bay, LLC, respondent. Appellant contends that the trial court erroneously concluded that the action was barred by the statute of limitations. We affirm.

Facts and Procedural Background

The personal injury action was filed on January 8, 2003. The complaint alleged that, on January 26, 2001, appellant had fallen on respondent’s premises “due [to] the pooling of water and other material on the floor . . . .”

Respondent demurred to the complaint. It contended that the action was barred by the one-year statute of limitations of former Code of Civil Procedure section 340, subdivision (3). Appellant countered that new section 335.1 had extended the statute of limitations to two years. Appellant argued that section 335.1 should be applied retroactively to his action.

The trial court rejected appellant’s argument and sustained the demurrer without leave to amend.

Section 335.1 Does Not Apply Retroactively to Appellant’s Action

When appellant was injured, former section 340, subdivision (3), provided a one-year statute of…

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