Riggs v. 7-H Technical Services Group
Filed 6/22/06 Riggs v. 7-H Technical Services Group CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| ANITA RIGGS, Plaintiff and Appellant, v. 7-H TECHNICAL SERVICES GROUP, INC. et al., Defendants and Respondents. | C049668 (Super. Ct. No. 04AS03181)
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Plaintiff Anita Riggs appeals after demurrers of various defendants in her personal injury action were sustained without leave to amend. She contends the two-year statute of limitations had not run on her action under the delayed discovery rule as set forth in Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797 (Fox). She further contends the statute of limitations should be equitably tolled and it was error to sustain the demurrers before additional discovery could be conducted. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Riggs filed a complaint for damages on August 5, 2004. The complaint named as defendants Action Environmental, Gregory B. Bragg & Associates, Olympic Restoration, and Does 1 through 100. Four months later, Riggs filed an amended complaint, identifying four Doe defendants. Respondents 7-H Technical Services Group, Inc. (7-H Technical Services), and Kram Endeavors, doing business as McDonald's Restaurant, were named as two Doe defendants.
In reviewing the sufficiency of a complaint against a general demurrer, we treat the demurrer as admitting all material facts properly pleaded and also consider matters which may be judicially noticed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)
The amended complaint alleged defendants' liability arose out of the release of sewage from the City of Lincoln's community sewage system, which engulfed Riggs's place of work. The release was due to negligent operation, inspections, and maintenance by 7-H Technical Services and the illegal disposal of grease by McDonald's and Mi Pueblito Taqueria restaurants. The amended complaint alleged the following facts: On or about May 7, 2002, Russell Street, the president of Malotte Manufacturing, Inc., was returning a mold to storage when he noticed sloshing and splashing under his feet. He returned with a flashlight and discovered raw sewage, covering approximately 1,000 square feet of floor area. It appeared to have happened in the last 12 hours.
Riggs was a key employee of Malotte Manufacturing, Inc.; her father had founded the business and she was the principal contact for a considerable portion of the firm's sales. Riggs, as well as other employees, continued to work after the sewage release. Riggs was â€
