Basin Construction Corp. v. Department of Water & Power

Opinion

LILLIE, P. J.

Interveners (McDaniels) appeal from a judgment which sustained without leave to amend defendant’s demurrer to interveners’ complaint in intervention. The issue on appeal is whether the statute of limitations bars the McDaniels’ complaint. The McDaniels sustained losses in a fire caused by defendant and were not parties to an earlier completed action brought by their insurer and partial subrogee against defendant, but intervened in a pending action brought by another party who allegedly sustained losses caused by the same fire.

Factual and Procedural Background

Because a…