California Court of Appeal

In action arising under the federal Telephone Consumer Protection Act of 1991, judgment on the pleadings for defendant is reversed where the trial court erred in failing to apply the four-year limitations period set forth in 28 U.S.C. section 1658, a federal catchall statute of limitations that applies to cases in which the federal statute giving rise to the action was enacted after 1990 and does not specify its own limitations rules.

Appellate Information

• Decided 10/02/2007
• Published 10/02/2007

Judges

• HUFFMAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edward W. Sznyter, in pro. per., for plaintiff and appellant.


• For Appellees:
  
• Koeller, Nebeker, Carlson & Haluck, Robert W. Harrison, Patrick J. Kearns, San Diego;  Neil, Dymott, Frank, Harrison & McFall and James A. McFall, San Diego, for defendant and respondent.