California Court of Appeal Holds New Two-Year Personal Injury Statute of Limitations Applies to Cause of Action That Accrued Before, But Was Not Already Barred When New Statute Took Effect

Effective January 1, 2003, the Legislature lengthened from one to two years the statute of limitations for most personal injury actions. (Code Civ. Proc., § 335.1.)

In Andonagui v. The May Department Stores Co. (Apr. 13, 2005, B176544) ___ Cal.App.4th ___, the plaintiff filed suit in April 2004 for injuries allegedly suffered in a December 2002 trip-and-fall accident. The trial court sustained the defendant’s demurrer without leave to amend and dismissed the action as untimely, but the Court of Appeal reversed. The court concluded that because the plaintiff’s action was not barred by the one-year statute of limitations when the new two-year statute of limitations took effect in January 2003, the plaintiff had two years (until December 2004) to sue even though the cause of action accrued before the new statute took effect. The court explained that “[a] new statute that enlarges a statutory limitations period applies to actions that are not already barred by the original limitations period at the time the new statute goes into effect.”

In contrast to the circumstances in Andonagui, if a plaintiff’s action was already barred by the previous one-year statute of limitations when new section 335.1 took effect (i.e., if the plaintiff’s cause of action accrued in 2001 or earlier), the new two-year limitations period would not apply to revive the action. Another Court of Appeal opinion made that clear last year. (Krupnick v. Duke Energy Morro Bay (2004) 115 Cal.App.4th 1026.)

For more information, call Horvitz & Levy partner David Ettinger at (818) 995-0800 or e-mail him at dettinger@horvitzlevy.com.