Ghera v. Sugar Pine Lumber Co.

Plaintiff appeals from a judgment of dismissal following sustaining of a demurrer on the ground of the statute of limitations. The action is based on wrongful cutting and removal of timber on and from plaintiff’s land by defendants. The wrongful acts are alleged to have occurred in 1955 and 1956. The action was filed on May 9, 1960. The point is this: does Civil Code section 3346, as it was enacted in 1957, extend the time for filing actions for trespasses which occurred prior to its effective date to five years ? If the answer is yes, the action should not have been dismissed; but if it is…