California Court of Appeal

Plaintiffs' cause of action under Health and Safety Code section 25249.7, of the Safe Drinking Water and Toxic Enforcement Act of 1986, is barred by the one-year limitation in Code of Civ. Proc. section 340(a). There are triable issues as to whether the plaintiffs' nuisance and trespass claims are barred by the three-year limitation set forth in section 338(b), and as to whether they are entitled to a declaration of rights regarding future remediation.

Appellate Information

• Decided 04/10/2003
• Published 04/10/2003

Judges

• ASHMANN-GERST, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Law Office of Susan K. Pintar and Susan K. Pintar, Los Angeles, for Plaintiffs and Appellants.


• For Appellees:
  
• Manatt, Phelps & Phillips, Mark D. Johnson, Hollywood, Hal D. Goldflam, and Henry C. Wang, Los Angeles, for Defendants and Respondents.