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GAGGERO v. COUNTY OF SAN DIEGO

No. D043012.

21 Cal.Rptr.3d 388 (2004)

124 Cal.App.4th 609

Stephen GAGGERO et al., Plaintiffs and Appellants, v. COUNTY OF SAN DIEGO, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

Review Denied January 19, 2005.

Attorney(s) appearing for the Case

Higgs, Fletcher & Mack LLP, Robert E. Gallagher, Jr., San Diego, and John Morris, for Plaintiffs and appellants.

Cozen and O'Connor, Peter A. Lynch and Sam Sheldon, San Diego; John J. Sansone, County Counsel, and William A. Johnson, Jr., Deputy, for Defendant-Respondent.

BENKE, Acting P.J.

We find a landfill is an "improvement" within the meaning of the 10-year statute of repose provided by Code of Civil Procedure1 section 337.15. Accordingly, we affirm the trial court's summary judgment entered in favor of defendant and respondent County of San Diego (the county), which owned and operated a landfill from 1959 through 1969, when it sold the landfill to a private party.

Section 337.15 required any...

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