Login


Notice: Passwords are now case-sensitive

Remember Me
Register a new account
Forgot your password?
Case Name Aguilar v. Heiman
Date 05/29/2009
Note Claim is barred by the one-year statute of limitations under Code of Civil Procedure former section 340, subdivision (3) and the equitable tolling doctrine does not apply where original claim is not timely filed.
Citation B206790
WCC Citation WCC 35272009 CA
Filed 5/29/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT FREDDY AGUILERA, Plaintiff and Appellant, v. ROBERT P. HEIMAN et al. , Defendants and Respondents. Law Offices of Bradford L. Treusch and Bradford L. Treusch for Defendant and Respondent Robert P. Heiman. On April 16, 2007, almost 10 years later, Aguilera filed this civil action against respondents Robert P. Heiman, individually and doing business as Pegasus Properties (Heiman), and 2612 Montana Avenue Owners Association (Association). The last day to commence an action under section 3706 therefore was June 16, 2002, for Heiman and August 12, 2002, for the Association. Although not reflected in the record before us, Heiman asserts in his brief that the petition for the joinder of Heiman and Association in the workers' compensation proceeding was filed by codefendant Hruby and not Aguilera.

Download full case here.