California Appellate Tracker

Lopez v. Sony Electronics, Inc.

May 17, 2016

A suit for pre-natal injuries caused by exposure to toxic chemicals is governed by CCP 340.4 (providing for a 6-year from birth limitations period not tolled during minority) rather than CCP 340.8 (providing for a two-year from discovery limitations period for suits for injuries from toxic chemicals, subject to tolling for minority).

Over a dissent, this opinion disagrees with Nguyen v. Western Digital Corp. (2014) 229 Cal.App.4th 1522 and holds that a suit for pre-natal injuries caused by exposure to toxic chemicals is governed by CCP 340.4 (providing for a 6-year from birth limitations period not tolled during minority) rather than CCP 340.8 (providing for a two-year from discovery limitations period for suits for injuries from toxic chemicals, subject to tolling for minority). The majority rely on legislative history of the two sections to show that CCP 340.8, the later enacted measure, was not intended to upset the no-tolling-for-minority rule which had been in force under CCP 340.4 and its predecessors for the prior 60 years.

California Court of Appeal, Second District, Division 8 (Grimes, J.; Rubin, J., dissenting); May 13, 2016; Case No. B256792

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Lopez v. Sony Electronics, Inc.

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