San Diego Unified School District v. County of San Diego

Plaintiff and appellant, the San Diego Unified School District (the District), brought this action on numerous contractual and equitable theories against defendant and respondent the County of San Diego (the County), in the factual context of environmental problems and remediation costs incurred at District property, due to the ongoing effects of an inactive landfill that was operated in the 1960’s by the County, which leased the District property. The District seeks reimbursement of a share of its expenses for remedial work at the landfill site that was required to be performed by several regulatory agencies, pursuant to environmental legislation enacted in the 1980’s. (Wat. Code, § 13000 et seq., the Porter-Cologne Water Quality Control Act; Health & Saf. Code, § 41805.5 [regulating nonvehicular air pollution].)

The District appeals a summary judgment that was granted in favor of the County on the ground that all causes of action in the District’s amended complaint (filed in 2004) are barred by the statute of limitations applicable to latent construction defects. (Code Civ. Proc., §§ 337.15, 437c.) The trial court reasoned that all the District’s theories, including…