Joaquin Alonzo v. Acf Property Management, Inc., a Corporation

This is an appeal from a final order, entered by the district court, granting a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). The motion was granted on the grounds that the action was barred by the California statute of limitations. The action was brought by Alonzo, a citizen of the Republic of Mexico, against ACF Property Management, Inc. (ACF), a California corporation, for damages Alonzo sustained while on the property owned by ACF. Jurisdiction was invoked pursuant to 28 U.S.C. § 1332 , there being diversity of citizenship and damages alleged in excess of $10,000. We affirm in part and reverse and remand in part for reconsideration.

I

Alonzo sustained bodily injuries on October 23, 1976, as a result of falling from the second story of an apartment owned, maintained, controlled and operated by ACF. Alonzo alleges that his injuries were a result of ACF’s negligence.

Alonzo filed a complaint in the district court on October 25, 1977. California Code of Civil Procedure § 340(3) provided that the statute of limitations for personal injuries due to negligence was one year. The final day for filing, October 23,…