How to calculate the statute of limitations in actions pertaining to emancipated minors (Shalabi v. City of Fontana Case)
The Case of Shalabi v. City of Fontana
The question of when exactly the clock starts ticking on a statute of limitations has been a source of legal contention for centuries. In the State of California, the answer is provided by the Code of Civil Procedure section 12. This law states that the time within which an action must be taken is computed by excluding the first day and including the last. However, there are exceptions to this rule, such as when the last day falls on a holiday. In that case, the last day is also excluded.
In the case of Shalabi v. City of Fontana, the California Supreme Court considered the question of whether the date on which the statute of limitations begins to run should be included in the calculation of the limitations period. The Court held that the date should be excluded, based on the plain language of section 12 and the legislative history of that section.
Facts of the Case
Luis Alexandro Shalabi was a minor when his father was killed in a police shooting. The statute of limitations for filing a lawsuit against the police was tolled until Shalabi reached the age of 18. Shalabi's 18th birthday was on December 3, 2011. He filed his lawsuit on December 3, 2013, exactly two years later.
The trial court ruled that Shalabi's lawsuit was time-barred because it was filed one day after the statute of limitations had expired. The trial court reasoned that Shalabi's 18th birthday should be included in the calculation of the limitations period.
The California Supreme Court reversed the trial court's decision. The Supreme Court held that Shalabi's 18th birthday should be excluded from the calculation of the limitations period. The Court reasoned that this was consistent with the plain language of section 12 and the legislative history of that section.
The Court's Holding
The California Supreme Court held that the date on which the statute of limitations begins to run should be excluded from the calculation of the limitations period. This decision is based on the plain language of section 12, which states that "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."
The Court also relied on the legislative history of section 12. The Court noted that the Legislature had considered and rejected a proposal to include the date on which the statute of limitations begins to run in the calculation of the limitations period.
The Significance of the Decision
The California Supreme Court's decision in Shalabi v. City of Fontana is significant because it clarifies the law on the calculation of the statute of limitations. This decision will have a significant impact on future cases involving the statute of limitations.
Implications of the Decision
The California Supreme Court's decision in Shalabi v. City of Fontana is likely to have a number of implications. First, it will make it more difficult for defendants to argue that lawsuits are time-barred. Second, it will make it more important for plaintiffs to file their lawsuits in a timely manner.
Potential Challenges
The California Supreme Court's decision in Shalabi v. City of Fontana is likely to be challenged. Defendants may argue that the decision is inconsistent with the plain language of section 12. They may also argue that the decision is inconsistent with the legislative history of that section.
Conclusion
The California Supreme Court's decision in Shalabi v. City of Fontana is a significant decision that clarifies the law on the calculation of the statute of limitations. This decision is likely to have a number of implications for future cases.
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