Lopez v. Sony Electronics, Inc.
Lopez v. Sony Electronics, Inc.
Opinion
*859
*631
When a child is allegedly harmed by in utero exposure to hazardous chemicals, which statute of limitations applies: that for toxic exposure claims ( Code Civ. Proc., § 340.8, subd. (a) ),
1
or that for prenatal injuries (§ 340.4)? The answer determines the viability of this lawsuit. Because the toxic exposure statute was more recently enacted, and its language plainly encompasses prenatal injuries, we conclude it applies here. The limitations period for toxic exposure suits is two years, but it is tolled while the plaintiff is a minor. (See § 352;
Nguyen v. Western Digital Corp.
(2014)
I. BACKGROUND
Plaintiff Dominique Lopez was born on April 13, 1999, with multiple birth defects, including chromosomal deletion, cervical vertebrae fusion, facial asymmetry, dysplastic nails, diverticulum of the bladder, and a misshapen kidney. She also suffers from developmental delays. For over 20 years, *632 including the term of her pregnancy, plaintiff's mother worked at a Sony Electronics, Inc. (Sony) manufacturing plant. She allegedly worked with and around "teratogenic and reproductively toxic" chemicals. **770 Plaintiff sued on January 6, 2012, when she was 12 years old. She alleged that she and her mother were exposed to toxic chemicals at the Sony plant, resulting in her birth defects. Seeking summary judgment, Sony argued the action was time-barred under section 340.4, the six-year statute of limitations for birth and prenatal injuries. It urged that, by August of 2000, plaintiff's mother had reason to suspect her workplace chemical exposure had caused plaintiff's birth defects. Plaintiff did not dispute this assertion. Instead, she maintained her action fell not under section 340.4, governing prenatal injuries, but under section 340.8, covering injuries caused by toxic exposure. Section 340.8 's limitations period is only two years but, unlike section 340.4, it permits tolling during minority and periods of mental incapacity.
The trial court applied section 340.4 and granted summary judgment. A divided panel of the Court of Appeal affirmed. The majority disagreed with the Sixth District Court of Appeal's decision in
Nguyen
,
supra
,
II. DISCUSSION
A. The Relevant Statutes
The prenatal injury statute, section 340.4, states: "An action by or on behalf of *860 a minor for personal injuries sustained before or in the course of his or her birth must be commenced within six years after the date of birth, and the time the minor is under any disability mentioned in Section 352 [providing for tolling during minority or incapacity] shall not be excluded in computing the time limited for the commencement of the action."
The origins of the prenatal injury statute trace back to 1872, when the Legislature first authorized a right of action for injuries sustained before birth. (
Young v. Haines
(1986)
*633 The toxic exposure statute, section 340.8, subdivision (a), states: "In any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the action shall be no later than either two years from the date of injury, or two years after the plaintiff becomes aware of, or reasonably should have become aware of, (1) an injury, (2) the physical cause of the injury, and (3) sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later." The statute further provides that a " 'civil action for injury or illness based upon exposure to a hazardous material or toxic substance' " in subdivision (a) "does not include an action subject to Section 340.2 or 340.5." ( § 340.8, subd. (c)(1).) These exceptions refer to the statutes of limitations specifically prescribed for asbestos-related injury claims (§ 340.2) and medical malpractice claims (§ 340.5).
The toxic exposure statute became effective on January 1, 2004. (Stats. 2003, ch. 873, § 2, p. 6398.) We had previously held that a tort cause of action does not accrue until the plaintiff knows, or has reason to suspect, that he was injured as a result of someone's wrongdoing. (
Norgart v. Upjohn Co.
(1999)
**771
(Stats. 2003, ch. 873, § 2, p. 6398; see Sen. Com. on Judiciary, Analysis of Sen. Bill No. 331 (2003-2004 Reg. Sess.) as amended Apr. 29, 2003, p. 1.)
3
Section 340.8 has
*861
been applied broadly, encompassing both environmental hazards and prescription drugs. (See
Nelson v. Indevus Pharmaceuticals, Inc.
(2006)
B. The Toxic Exposure Statute Applies to Prenatal Toxic Injuries
This case poses a pure question of statutory interpretation, subject to independent review. (
Pineda v. Williams-Sonoma Stores, Inc.
(2011)
Plaintiff's case appears to fall within the ambit of both statutes of limitations. It is "[a]n action ... for personal injuries sustained before or in the course of ... birth" (§ 340.4) and a "civil action for injury or illness based upon exposure to a hazardous material or toxic substance" ( § 340.8, subd. (a) ). Allegedly, plaintiff's injuries were both sustained before birth and caused by toxic exposure.
When possible, courts seek to harmonize inconsistent statutes, construing them together to give effect to all of their provisions. (
State Dept. of Public Health v. Superior Court
(2015)
The rules for construing irreconcilable statutes are well established. (
State Dept. of Public Health
,
supra
, 60 Cal.4th at p. 960,
*635
**772
*862
Committee for a Progressive Gilroy v. State Water Resources Control Bd.
(1987)
Section 340.8 postdates section 340.4 by more than 60 years. This fact is important, though it does not end the inquiry. "[T]he rule that specific provisions take precedence over more general ones trumps the rule that later-enacted statutes have precedence." (
State Dept. of Public Health
,
supra
, 60 Cal.4th at p. 960,
Section 340.4 encompasses a claim arising at a given time: "An action by or on behalf of a minor for personal injuries sustained before or in the course of his or her birth." By contrast, section 340.8, subdivision (a) provides a limitation on "any civil action for injury or illness based upon exposure to a hazardous material or toxic substance." Comparing the two, we see that the prenatal statute speaks not to the cause of injury, but to when it was inflicted. The toxic exposure statute applies to any personal injury, regardless of when inflicted, if the cause of injury was toxic exposure. When an injury was caused and how it was caused are both specific aspects of the competing statutory provisions. But neither is inherently more specific than the other. Sony argues the different statutory triggers create an ambiguity. They do not. Both statutes are clear. The difference in how the two statutes are triggered creates a conflict , not an ambiguity. It is this conflict we resolve under the guiding statutory language and interpretive tools.
The toxic exposure statute embraces "any" civil action. ( § 340.8, subd. (a).) "Any" is a term of broad inclusion, meaning "without limit and no matter what kind." (
Delaney v. Superior Court
(1990)
Section 340.8 makes two exceptions to its broad limitations rule. The choice to include these exceptions, and no other, also shows the Legislature intended the toxic exposure statute to apply here. Section 340.8 states that the actions to which it applies do "not include an action subject to Section 340.2 [alleging asbestos exposure] or 340.5 [alleging medical malpractice]." ( § 340.8, subd. (c)(1).) Section 340.8 does not make an exception for prenatal injury claims falling under section 340.4.
"Under the maxim of statutory construction,
expressio unius est exclusio alterius
, if exemptions are specified in a statute, we may not imply
*636
additional exemptions unless there is a clear legislative intent to the contrary." (
Sierra Club v. State Bd. of Forestry
(1994)
Moreover, section 340.8, subdivision (d) goes on to state: "Nothing in this section shall be construed to limit, abrogate, or change the law in effect on the effective date of this section with respect to actions not based upon exposure to a hazardous material or toxic substance." (Italics added.) By negative **773 inference, it appears that the Legislature did intend to alter the law for all toxic exposure claims, except for those specifically excluded.
Citing various legislative committee reports, Sony argues the Legislature's
sole
purpose in enacting section 340.8 was to codify the delayed discovery doctrine for toxic exposure cases. The Legislature did declare an intent to codify the delayed discovery rule (Stats. 2003, ch. 873, § 2, p. 6398), and the statutory language reflects our holdings on that concept. ( § 340.8, subds. (a), (b) ; see
Norgart v. Upjohn Co.
,
supra
, 21 Cal.4th at pp. 397-399,
We addressed a similar question in
Young
,
supra
,
C. Applying the Toxic Exposure Statute Does Not Produce Absurd Results
To justify departing from a literal reading of a clearly worded statute, the result must be so unreasonable that the Legislature could not have intended it. (
In re D.B.
,
supra
, 58 Cal.4th at p. 946,
*865 The Legislature could reasonably have chosen to treat in utero toxic exposure cases differently from the more general class of injuries suffered before or during birth. The potential causes of many birth-related injuries will be readily identifiable, and it is reasonable to expect their effect will manifest before a child reaches age six. A prohibition against tolling during minority may not be onerous in those circumstances.
The toxic exposure statute, on the other hand, is not limited to an identifiable period like gestation and birth. It covers an exposure occurring at any age. The exposure may also occur under circumstances less likely to put a plaintiff on notice. It may happen over a brief or extended period, in the workplace, the home, or other frequented locations. The harmful effects of exposure may take longer to manifest than injuries from other causes, regardless of whether the exposure occurred before or after birth. The
*639
Legislature's policy choice to permit tolling during a period of minority or incapacity, as section 352 does, reflects these differences.
7
**775
We presume the Legislature was aware of section 340.4 when it enacted section 340.8. (See
People v. Harrison
(1989)
"When statutory language is unambiguous, we must follow its plain meaning ' " 'whatever may be thought of the wisdom, expediency, or policy of the act, even if it appears probable that a different object was in the mind of the legislature.' " ' " (
In re D.B.
,
supra
, 58 Cal.4th at p. 948,
D. Application
At the earliest, plaintiff's claims against Sony accrued in 1999, when she was born. Section 340.8 did not go into effect until January 1, 2004. (Stats. 2003, ch. 873, § 2, p. 6398.) Before that time, plaintiff's claims would have been subject to section 340.4 's shorter period for filing suit.
Previous decisions have established rules for determining the effect of extending a limitations period. "As long as the former
**776
limitations period has not expired, an enlarged limitations period ordinarily applies and is said to apply prospectively to govern cases that are pending when, or instituted after, the enactment took effect. This is true even though the underlying conduct that is the subject of the litigation occurred prior to the new enactment." (
Quarry v. Doe I
(2012)
III. DISPOSITION
The judgment of the Court of Appeal is reversed. The case is to be remanded to the trial court with directions to vacate its order granting summary judgment.
WE CONCUR:
CANTIL-SAKAUYE, C. J.
CHIN, J.
LIU, J.
CUÉLLAR, J.
KRUGER, J
HOFFSTADT, J. *
All statutory references are to the Code of Civil Procedure unless otherwise stated.
Former Civil Code section 29.
The Legislature also declared an intent to disapprove
McKelvey v. Boeing North American, Inc.
(1999)
The specific statute at issue in Young was former Civil Code section 29, the predecessor statute to section 340.4. (Stats. 1992, ch. 163, § 16, p. 731.)
Attempting to turn
Young
to its advantage, Sony asserts that the prenatal injury statute is part of a long-standing statutory scheme. The characterization is inapt. The only related statute Sony identifies is Civil Code section 43.1, which authorizes a right of action for injuries sustained in utero. (
Snyder v. Michael's Stores, Inc.
(1997)
For example, in
Even Zohar
we found no conflict between the statute limiting repeated motions for reconsideration (§ 1008) and the statute authorizing relief from default (§ 473, subd. (b) ). (
Even Zohar
,
supra
, 61 Cal.4th at pp. 840-841,
The toxic exposure statute does not specifically mention tolling. However, its limitations period appears subject to tolling under section 352, subdivision (a). (
Nguyen
,
supra
, 229 Cal.App.4th at pp. 1540-1541,
Moreover, the language of section 340.4 does not support extending the no-tolling rule outside the statute's own boundaries. Section 340.4 is a single sentence: "An action by or on behalf of a minor for personal injuries sustained before or in the course of his or her birth must be commenced within six years after the date of birth, and the time the minor is under any disability mentioned in Section 352 shall not be excluded in computing the time limited for the commencement of the action." Under a straightforward reading, " the minor" (§ 340.4, italics added) in the second clause refers to the same "minor" in the first clause who must file suit within six years. Likewise, read in context, the second clause's prohibition on tolling of " the time limited for the commencement of the action" (§ 340.4, italics added) refers to the six-year limitations period established in the statute's first clause. There is no indication this provision was meant to apply to any actions other than those subject to section 340.4.
Associate Justice of the Court of Appeal, Second Appellate District, Division Two, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
Reference
- Full Case Name
- Dominique LOPEZ, a Minor, Etc., Plaintiff and Appellant, v. SONY ELECTRONICS, INC., Defendant and Respondent.
- Cited By
- 83 cases
- Status
- Published