Shalabi

Shalabi v. City of Fontana

Bad Law
247 Cal. Rptr. 3d 268·35 Cal. App. 5th 639
Court of Appeal of CaliforniaMay 21, 2019E069671California1,697 words

Opinion

Lead Opinion

MILLER Acting P. J.

*641 In a third amended complaint (TAC), plaintiff and appellant Luis Alexandro Shalabi sued defendants and respondents Fontana City Police Officer Jason Perniciaro and others for a deprivation of civil rights ( 42 U.S.C. § 1983 ). 1 The trial court dismissed Shalabi's lawsuit due to the lawsuit being barred by the statute of limitations. Shalabi contends the trial court erred by dismissing his lawsuit. We reverse the judgment.

FACTUAL AND PROCEDURAL HISTORY

In the TAC, Shalabi alleged that on May 14, 2011, Perniciaro wrongfully shot and killed Muhanad Shalabi, who was Shalabi's father. Shalabi filed his original complaint on December 3, 2013.

Shalabi and Perniciaro agreed to a bench trial on the bifurcated issue of Perniciaro's statute of limitations defense. The parties stipulated to the following facts: (1)

*270 "[Shalabi's] date of birth is December 3, 1993;" (2) "[Shalabi] reached the age of majority on December 3, 2011;" and (3) "[Shalabi] filed his original complaint in this suit on December 3, 2013."

*642 The trial court concluded Shalabi's lawsuit had to be filed by December 2, 2013, to be within the two-year statute of limitations. The trial…

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