Barnett

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANDREW BARNETT, et al., Case No. 20-cv-02585-VC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS'

MOTION FOR SUMMARY

BERNARD GARRIGAN, et al., JUDGMENT Defendants. Re: Dkt. No. 144

The defendants’ motion for summary judgment is granted in part because the plaintiffs have not offered any evidence from which a jury could find that their injuries were caused by their exposure to the mold in their house. However, the plaintiffs’ claims can go forward to the extent that they seek economic damages unrelated to their illnesses, injuries, or medical expenses. 1. Statute of Limitations. Under California Civil Code Section 2079, a seller’s broker owes certain duties to prospective buyers of residential real estate. See William L. Lyon & Associates, Inc. v. Superior Court, 204 Cal. App. 4th 1294, 1305 (2012). This statutory duty is subject to a two-year statute of limitations, which runs from “the date of recordation, the date of close of escrow, or the date of occupancy, whichever occurs first.” Cal. Civ. Code § 2079.4. The defendants argue that…