Long

Long v. Forty Niners Football Co.

Good Law
244 Cal. Rptr. 3d 887·33 Cal. App. 5th 550
Court of Appeal of CaliforniaMarch 26, 2019A142818California2,989 words

Opinion

Lead Opinion

Brown, J.

This is one of many personal-injury lawsuits filed by plaintiff Daniel Long after he was assaulted following a professional football game. After almost two years of litigation in San Francisco Superior Court against the San Francisco Forty Niners, Ltd., Long learned that the California limited partnership had converted into a Delaware limited liability company, the Forty Niners Football Company, LLC. Long then filed an identical federal lawsuit against the Delaware limited liability company and voluntarily dismissed his state lawsuit just weeks before trial. After the federal court dismissed Long's federal lawsuit for lack of subject matter jurisdiction, he filed a third lawsuit in San Francisco Superior Court. Defendant Forty Niners Football Company, LLC demurred on statute of limitations grounds, and the trial court sustained the demurrer without leave to amend. We affirm.

FACTS AND PROCEDURAL BACKGROUND

On August 20, 2011, Long was shot by a third-party assailant in the parking lot at Candlestick Park, after a professional football game between the San Francisco Forty Niners and the Oakland Raiders. Long filed a complaint against the San Francisco Forty Niners, Ltd. and the…

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