Legal Opinion

Gallo v. Superior Court

California Court of Appeal

Decided May 4, 1988No. H004085PublishedCited by 16 opinions

1Opinion of the Court

Opinion

CAPACCIOLI, J.

This petition for a writ of mandate or prohibition raises the issue whether a recent statute of limitations, Code of Civil Procedure section 340.3, 1 which extends the time to sue for damages due to commission of a felony offense until one year after judgment of conviction of the crime, applies retroactively to revive personal injury causes that were already barred when the new statute became effective. We conclude that it does not, hence will issue the writ of mandate to direct the respondent court to sustain petitioner’s demurrer to that part of real party in interest’s…

2Cases cited23 opinions

  1. Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
  2. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
  3. Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
  4. People v. SmithCalifornia Supreme Court · 1983
  5. Falter v. United StatesCourt of Appeals for the Second Circuit · 1928

18 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Johnson v. Pratt & Whitney Canada, Inc.California Court of Appeal · 1994
  2. Quarry v. Doe ICalifornia Supreme Court · 2012
  3. 20th Century Insurance v. Superior CourtCalifornia Court of Appeal · 2001
  4. Vaillette v. Fireman's Fund InsuranceCalifornia Court of Appeal · 1993
  5. Castro v. Sacramento County Fire Protection DistrictCalifornia Court of Appeal · 1996

11 more not listed; retrieve them via the Exa API.

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