Schmier v. City of Berkeley

Filed 2/25/22; Certified for Publication 3/21/22 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE KENNETH J. SCHMIER, Plaintiff and Appellant, A161556 v. (Alameda County CITY OF BERKELEY, Super. Ct. No. RG19036596) Defendant and Respondent. This is an appeal from a judgment of dismissal following the sustaining of a demurrer without leave to amend on the ground the case is barred by the 90-day statute of limitations set forth in Government Code section 66499.37. 1 We reverse. BACKGROUND In 1996, appellant Kenneth J. Schmier converted two…