Shalabi v. City of Fontana

247 Cal. Rptr. 3d 268, 35 Cal. App. 5th 639
CourtCalifornia Court of Appeal, 5th District
DecidedMay 21, 2019
DocketE069671
StatusPublished
Cited by5 cases

This text of 247 Cal. Rptr. 3d 268 (Shalabi v. City of Fontana) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shalabi v. City of Fontana, 247 Cal. Rptr. 3d 268, 35 Cal. App. 5th 639 (Cal. Ct. App. 2019).

Opinion

MILLER Acting P. J.

*641In a third amended complaint (TAC), plaintiff and appellant Luis Alexandro Shalabi sued defendants and respondents Fontana City Police Officer Jason Perniciaro and others for a deprivation of civil rights ( 42 U.S.C. § 1983 ).1 The trial court dismissed Shalabi's lawsuit due to the lawsuit being barred by the statute of limitations. Shalabi contends the trial court erred by dismissing his lawsuit. We reverse the judgment.

FACTUAL AND PROCEDURAL HISTORY

In the TAC, Shalabi alleged that on May 14, 2011, Perniciaro wrongfully shot and killed Muhanad Shalabi, who was Shalabi's father. Shalabi filed his original complaint on December 3, 2013.

Shalabi and Perniciaro agreed to a bench trial on the bifurcated issue of Perniciaro's statute of limitations defense. The parties stipulated to the following facts: (1)

*270"[Shalabi's] date of birth is December 3, 1993;" (2) "[Shalabi] reached the age of majority on December 3, 2011;" and (3) "[Shalabi] filed his original complaint in this suit on December 3, 2013."

*642The trial court concluded Shalabi's lawsuit had to be filed by December 2, 2013, to be within the two-year statute of limitations. The trial court dismissed Shalabi's lawsuit due to it being filed one day beyond the statute of limitations.

DISCUSSION

A. CONTENTION

Shalabi contends the trial court erred by finding his lawsuit to be time-barred.

We apply the de novo standard of review to this statute of limitations issue. ( Gilkyson v. Disney Enterprises, Inc. (2016) 244 Cal.App.4th 1336, 1340, 198 Cal.Rptr.3d 611.) Shalabi's lawsuit concerned an alleged deprivation of his civil rights. ( 42 U.S.C. § 1983 ; hereinafter, § 1983.) A federal civil rights cause of action is subject to the forum state's statute of limitations for personal injury claims. ( Wallace v. Kato (2007) 549 U.S. 384, 387, 127 S.Ct. 1091, 166 L.Ed.2d 973 ( Wallace ).) In California, the statute of limitations for a personal injury claim is two years.2 ( Code Civ. Proc., § 335.1.)3 While state law sets the statute of limitations, "the accrual date of a § 1983 cause of action is a question of federal law that is not resolved by reference to state law." ( Wallace , at p. 388, 127 S.Ct. 1091 ; see also Javor v. Taggart (2002) 98 Cal.App.4th 795, 803, 120 Cal.Rptr.2d 174.)

"Aspects of § 1983 which are not governed by reference to state law are governed by federal rules conforming in general to common-law tort principles. [Citations.] Under those principles, it is 'the standard rule that [accrual occurs] when the plaintiff has "a complete and present cause of action," ' [citation], that is, when 'the plaintiff can file suit and obtain relief.' " ( Wallace , supra , at p. 388, 127 S.Ct. 1091.) In other words, " 'the tort cause of action accrues, and the statute of limitations commences to run, when the wrongful act or omission results in damages.' " ( Id. at p. 391, 127 S.Ct. 1091.)

State law controls the tolling of the statute of limitations for a section 1983 cause of action. ( Wallace , supra , 549 U.S. at p. 394, 127 S.Ct. 1091 ; City of Huntington Park v. Superior Court (1995) 34 Cal.App.4th 1293, 1300, 41 Cal.Rptr.2d 68.) In California, when a minor is injured, the statute of limitations is tolled until the minor reaches the age of 18 years old.

*643(§ 352, subd. (a).) In sum, if a minor has a section 1983 cause of action, then the statute of limitations begins running on the minor's 18th birthday because that is the day the plaintiff can file suit and obtain relief. ( Wallace , at p. 388, 127 S.Ct. 1091 ["when 'the plaintiff can file suit and obtain relief' "].)

The issue before us is whether the two-year statute of limitations ran from (A) December 3, 2011, through December 3, 2013 (the anniversary method); or (B) December 3, 2011, through December 2, 2013 (the calendar method). (See U.S. v. Hurst (10th Cir. 2003) 322 F.3d 1256, 1259-1260 [discussing the anniversary and calendar methods of calculation].)

*271The California statute for calculating the last day of the statute of limitations provides, "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." (§ 12.)

Shalabi's 18th birthday was the triggering event because that was the first day he could file his lawsuit. ( Wallace , supra , 549 U.S. at p. 388, 127 S.Ct. 1091 ["when 'the plaintiff can file suit and obtain relief' "].) Shalabi's 18th birthday was on December 3, 2011.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tovar v. Regan Zambri Long, PLLC
District of Columbia Court of Appeals, 2024
Shalabi v. City of Fontana
489 P.3d 714 (California Supreme Court, 2021)
Anderson v. Dorchester County
D. South Carolina, 2021
Plotts Real Estate v. Reidy CA4/1
California Court of Appeal, 2020

Cite This Page — Counsel Stack

Bluebook (online)
247 Cal. Rptr. 3d 268, 35 Cal. App. 5th 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shalabi-v-city-of-fontana-calctapp5d-2019.