 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Naegele v. R.J. Reynolds Tobacco Company6/9/2000
pp. 486-487.) Or as stated by the Supreme Court, under the conditions described by the former statute, "a tobacco supplier simply commits no tort against knowing and voluntary smokers by making cigarettes available for their use." (Richards, supra, 14 Cal.4th at pp. 1000, 1003, fn. 8.) Appellants cite no authority supporting their novel theory that when a statute immunizes a defendant from tort liability, section 356 works both to toll any possible statute of limitations until the law changes and then to impose liability where none previously existed. Appellants' argument about the statute of limitations is actually a retroactivity argument in another guise and is unavailing.
Appellants also claim that their fraud cause of action did not accrue until after the effective date of amended section 1714.45 because they alleged that respondents' fraudulent concealment of the health hazards of smoking continues to this day. Appellants rely on the rule that for purposes of the three-year statute of limitations for fraud, the cause of action is not deemed to have accrued until the discovery of the facts constituting the fraud. (Code Civ. Proc., ยง 338, subd. (d); see Samuels v. Mix (1999) 22 Cal.4th 1, 14.) The allegations of ongoing concealment are not allegations of delayed discovery, and the argument is without merit.
CONCLUSION
To summarize, we conclude that the Legislature did not intend amended section 1714.45 to apply to causes of action accruing before its effective date, January 1, 1998. Appellants' causes of action accrued no later than 1996 and 1997, when they were diagnosed with lung cancer. Former section 1714.45 barred their lawsuits, and the trial court did not err in sustaining respondents' demurrers without leave to amend. We affirm the judgments.
Strankman, P.J.
We concur:
Stein, J.
Marchiano, J.
Trial Court: San Francisco County Superior Court
Trial Judge: David A. Garcia
Page 1 2 3 4 5 6 7 8 9 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|