Martin v. Holiday Inns, Inc.

Opinion

ARDAIZ, J.

Procedural and Factual History

On July 16, 1983, appellants registered at a Holiday Inn in Bakersfield. They were driving a 1979 Ford Bronco and pulling a 24-foot Ford U-Haul trailer containing “all their personal and worldly possessions.” After registering at the hotel, appellants were told by hotel management to park their

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vehicle and trailer in a space designated by employees of respondent. At the time they were told to park these vehicles in the designated spaces, appellants also were informed that security guards were employed to safeguard the property of the guests. That night both the Ford Bronco and the U-haul trailer were stolen. Appellants alleged respondent “negligently, carelessly, wantonly, and recklessly controlled, managed, maintained and secured said premises in the parking area adjacent thereto, in such a manner that [appellants’] 1979 Ford Bronco automobile and the 1974 Ford . . . U-Haul trailer containing their personal possessions were stolen from said premises.”

Appellants maintain respondent owed a duty of care to inform them of a rash of similar thefts in the area and breached that duty when they instructed them to park the vehicles in the designated spaces without warning.

On July 5, 1984, a complaint was filed on behalf of appellants alleging they suffered damage and loss of property as a result of respondent’s negligence. On August 18, 1986, a motion for summary judgment was filed by respondent contending the complaint was barred by the statute of limitations as set forth in Code of Civil Procedure section 341a.

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Appellants filed an opposition to this motion on September 23, 1986, arguing section 341a was not applicable to the cause of action brought on the complaint. A motion for summary judgment was granted on September 29, 1986. The complaint was dismissed and respondent was awarded costs. Judgment was entered on October 17, 1986, and a timely notice of appeal was filed.

Is the Statute of Limitations Expressed in Section 341a a Bar to the Cause of Action in the Instant Case?