Industrial Risk Insurers v. the Rust Engineering Co.
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
PERLEY, J.
—In this case we hold that the 10-year time limit Code of Civil Procedure section 337.15 places on suits for latent defects in improvements to real property commences when the defendant’s work on the improvement is substantially completed, rather than when the improvement itself is substantially completed. The trial court here granted the motion of respondent, The Rust Engineering Company, for summary judgment under section 337.15, finding that the $20 million damage claim of appellant, Industrial Risk Insurers, was time barred and that there was no triable issue of fact to…
2Cases cited16 opinions
- Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
- Lungren v. DeukmejianCalifornia Supreme Court · 1988
- Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
- Delaney v. Superior CourtCalifornia Supreme Court · 1990
- Brown v. Kelly Broadcasting Co.California Supreme Court · 1989
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