California Court of Appeal
San Diego Unified Sch. Dist. v. County of San Diego, D052082
In an action brought by plaintiff-school district against defendant-county for environmental problems and remediation costs incurred at plaintiff's property due to ongoing effects of an inactive landfill operated by defendant in the 1960's, summary judgment in favor of defendant-county is reversed where: 1) the trial court erred as a matter of law in deciding that the latent construction defect limitations period was dispositive of all of plaintiff's contractual and indemnification theories; 2) triable issues of fact remained on alternative grounds on which the County sought summary judgment, the different limitations bars of section 337, subdivision (1) and Government Code section 911.2; and 3) the other noncontractual causes of action by the District, such as nuisance and trespass, were not subject to the bar of section 337.15.
Appellate Information
- Decided 01/20/2009
- Published 01/20/2009
Judges
- HUFFMAN, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Best, Best & Krieger, Cyndy Day-Wilson and Melissa W. Wood, San Diego, for Plaintiff and Appellant.
- For Appellees:
- The Simpson Law Firm, Douglas J. Simpson, Brandon J. Vegter; John J. Sansone, County Counsel, N. Thomas Deak and James R. O'Day, Deputy County Counsel, for Defendant and Respondent.