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Liberty Mutual Insurance v. Fabian

California Court of Appeal

Decided July 14, 1964No. Civ. 21711PublishedCited by 12 opinions

1Opinion of the CourtBray, P. J.

Plaintiff appeals from judgment of dismissal based on order sustaining demurrer without leave to amend. 1

Question Presented.

Is an action by a workmen’s compensation carrier against a third party tortfeasor for its own damages governed by the one-year statute of limitations of section 340, subdivision 3, Code of Civil Procedure, or the three-year statute of limitations of section 338, subdivision 1, Code of Civil Procedure ?

Record.

Plaintiff Liberty Mutual Insurance Company is the workmen’s compensation carrier for United Parcel Service. Plaintiff’s complaint alleges that as a result of…

2Cases cited8 opinions

  1. Aetna Casualty & Surety Co. v. Pacific Gas & Electric Co.California Supreme Court · 1953
  2. Tate v. Superior CourtCalifornia Court of Appeal · 1963
  3. Morris v. Standard Oil Co.California Supreme Court · 1926
  4. Limited Mutual Compensation Insurance v. BillingsCalifornia Court of Appeal · 1946
  5. Ridley v. YoungCalifornia Court of Appeal · 1944

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

3Cited by12 opinions

  1. County of San Diego v. Sanfax Corp.California Supreme Court · 1977
  2. Ventura County Employees' Retirement Ass'n v. PopeCalifornia Court of Appeal · 1978
  3. Board of Administration v. GloverCalifornia Supreme Court · 1983
  4. Harrison v. EnglebrickCalifornia Court of Appeal · 1967
  5. Jackson v. Cedars-Sinai Medical CenterCalifornia Court of Appeal · 1990

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

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