Nguyen

In this case, we determine which statute of limitations applies to an action alleging prebirth injuries due to exposure to hazardous materials or toxic substances that occurred more than 20 years ago. Plaintiff Hanh Nguyen (sometimes Plaintiff) contends that such claims are subject to the two-year limitations period in Code of Civil Procedure section 340.8 for actions “for injury or illness based upon exposure to a hazardous material or toxic substance,” which she asserts is subject to tolling for minority or mental incapacity. (Unless otherwise stated, all further statutory references are to the Code of Civil Procedure.) Defendant Western Digital Corporation (WDC) argues that such claims are subject to the six-year limitations period in section 340.4 for actions based on birth and prebirth injuries, which is not subject to tolling for minority or mental incapacity.

Plaintiff was bom with agenesis of the corpus callosum (a birth defect affecting the structure of the brain) and other birth defects. She alleges that her birth defects were caused by her mother’s occupational exposure and her (Hanh’s) in útero exposure to hazardous and toxic chemicals at WDC. Plaintiff also…