In a published opinion, the California Court of Appeal affirmed a judgment of dismissal following demurrer in a case related to a shooting during a National League Football game. Plaintiff Daniel Long alleged breach of contract, negligence, and liability under the rescue doctrine against various Forty Niners entities after he was shot by a third-party assailant in the parking lot of Candlestick Park following a San Francisco Forty Niners game in 2011. Mr. Long filed a complaint in San Francisco County Superior Court, and litigated the case for two years, up until the eve of trial. He then dismissed his Superior Court case and filed an identical complaint in the Northern District of California. When that case was dismissed due to lack of diversity, he filed another complaint in San Francisco Superior Court. Because more than two years had elapsed between the incident and the filing of this second complaint, the Forty Niners filed a demurrer on the grounds that the complaint was barred by the statute of limitations. The trial court agreed, and sustained the demurrer without leave to amend. On appeal, Mr. Long argued that the statute of limitations was tolled during the pendency of the Federal Court case. The Court of Appeal disagreed, and affirmed the dismissal.
Partner Maria Lampasona and associate Taylor Pohle handled the appeal on behalf of the Forty Niners.