City of San Diego v. United States Gypsum Co.

Opinion

GILBERT, J.

A city sues various defendants for damages stemming from installation of asbestos in its buildings. The statute of limitations for injury to city’s real property is three years. (Code Civ. Proc., § 338, subd. (b).) The statute of limitations begins to run when city suffers an appreciable and actual harm.

Here we hold, among other things, appreciable harm is not limited to the existence of an actual health hazard. As pleaded, the city’s knowledge of deterioration to its buildings caused by asbestos constitutes the infliction of an appreciable harm that begins the statute of…