Augusta

Frederick A. Augusta appeals after the trial court granted a summary judgment based on the one-year statute of limitations of Code of Civil Procedure section 340, subdivision (3), in Augusta’s spoliation of evidence action against County Auto Pool North (County Auto) and United Service Automobile Association (USAA). Augusta’s action was filed against County Auto and USAA some 17 months after his agent first discovered missing a speedometer necessary for establishing his products liability case against the car’s manufacturer and dealer. Augusta contends his action was timely under the two-year limitations period of section 339, subdivision 1. Moreover, Augusta argues a delayed discovery rule applies so that, even if the limitations period is one year, his action is timely.

Based largely on cases decided in the context of the exclusive remedy rule pertaining to workers’ compensation, we conclude the cause of action for spoliation of evidence is for an injury to the plaintiff’s property interests; it does not involve an injury to the plaintiff’s person; and it is essentially the same as a cause of action for interference with a prospective economic advantage as to which the…