Castillo v. Price Pfister, Inc

Lester & Cantrell prevailed in the Second Appellate District on behalf of Defendants Black & Decker and Stanley Black & Decker in Castillo v. Price Pfister, Inc., et al.  The case involved the application of California’s potentially conflicting statutes of limitations as applied to plaintiff’s claimed in vitro toxic exposure at a foundry and plating facility.  After plaintiff appealed from the granting of two summary judgments in Defendants’ favor, the justices of the Second Division unanimously held that plaintiff’s action was barred by California Civil Code Section 340.4.  The court rejected plaintiff’s argument that later-enacted Civil Code Section 340.8 would revive a claim that had previously lapsed according to Section 340.4.  The court held that the outcome of the anticipated decision by the California Supreme Court in Lopez v. Sony Electronics, Inc. would not impact its decision because the Castillo was already “stale” by the time Section 340.8 was adopted.  [The Supreme Court did ultimately find Section 340.8 controlling over Section 340.4.]