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Alsenz v. Twin Lakes Village12/22/1992
tion. Pucci v. Santi, 711 F.Supp. 916, 924 (N.D.Ill. 1989). The Ninth Circuit has stated that it is unfair and illogical to expect claimants to foresee a new limitations period. Kelly v. Burlington Northern R. Co., 896 F.2d 1194, 1198 (9th Cir. 1990). There, the Ninth Circuit stated: The same considerations that make it inequitable and prejudicial to apply a new, shortened statute of limitations to a claim filed prior to the announcement of the new rule also make it unfair to apply such a rule to a cause of action which accrued prior to the rule without affording the plaintiff a reasonable period in which to file his claim after the announcement of the new limitations period. In both instances, the plaintiff's cause of action accrued at a time when he had a more extended period of time to file suit and the adoption of a shorter time limit was unforeseeable. Whether the plaintiff actually filed his action prior to the time the new, shortened rule was announced is largely irrelevant, if the application of that rule would serve to cut off his rights before he was informed of the new rule and had a reasonable time to file under it. Id. at 1198-99.
[108 Nev. 1117, Page 1123]
The case at hand is analogous. While the prescriptive period in the present case has not been shortened, SB 105 has cut off a claimant's right to file suit for a cause of action which has accrued. Therefore, the legislature must allow a grace period for a claimant to file an existing cause of action. Without such a grace period, SB 105 is unconstitutional. Thus, SB 105 does not affect the six appellants that joined in Case after the effective date of SB 105.
We conclude that NRS 11.203-11.205 does not bar the appellants' actions. We therefore reverse the summary judgments entered below and remand these matters for further proceedings consistent with this opinion.
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