Salvador Martin v. Construction Laborer's Pension Trust for Southern California

I do not believe that the four-year limitations period began to run when Martin inquired about his pension credits and the Construction Laborers Pension Trust (the “Trust”) denied his appeal. Moreover, even if I agreed with the majority’s view of the applicable limitations period, I would hold that equitable considerations preclude the Trust from relying on it in this case. Therefore, I must respectfully dissent.

I

The majority acknowledges that the California statute of limitations applicable to actions on written instruments should apply in this ease. It asserts, however, that when the cause…