Stoneson Development Corp. v. Superior Court

Opinion

ANDERSON, P. J.

The sole issue raised by this petition is whether the 10-year limitation period of section 337.15 of the Code of Civil Procedure applies to a cause of action based on strict products liability.

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We conclude that it does, requiring the striking of a cause of action based on this theory of liability.

According to the allegations of the complaint against petitioner, a mudslide in 1962 caused damage to real party’s hillside property. Petitioner repaired the damages improperly in that year and, as a result, the real property was damaged by mudslides in 1982. A complaint was filed in 1983 against petitioner among others and amended in 1985. Petitioner moved to strike the second cause of action based on breach of implied warranty and the third cause of action based upon strict products liability. Real party in interest presented no opposition to the striking of the second cause of action but contended that the 10-year statute did not bar the cause of action based on products liability. Respondent court agreed without explanation and, on September 25, 1987, granted the motion to strike the second cause of action and denied the motion to strike the third cause of action.

Subdivision (a) of section 337.15 provides that “No action may be brought to recover damages from any person, . . . who develops real

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property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following: (1) Any latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property. (2) Injury to property, real or personal, arising out of any such latent deficiency.”

The parties do not dispute that petitioner is protected by this section against an action for negligence or breach of contract. Nor do they dispute that real party in interest has stated a cause of action for product liability. As real party points out citing