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INCO DEVELOPMENT CORP. v. SUPERIOR COURT

No. E036800.

31 Cal.Rptr.3d 872 (2005)

131 Cal.App.4th 1014

INCO DEVELOPMENT CORPORATION et al., Petitioners, v. The SUPERIOR COURT of the County of San Bernardino, Respondent; Dennis Haynes et al., Real Parties in Interest.

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

August 4, 2005.

Attorney(s) appearing for the Case

Wood, Smith, Henning & Berman, Daniel A. Berman, Los Angeles, Lee M. Thunberg, Rancho Cucamonga, and Paul James Nolan for Petitioners.

No appearance for Respondent.

Silldorf, Shinnick & Ryan, Duane Edward Shinnick, Luke P. Ryan, San Diego, and Megan M. Chodzko for Real Parties in Interest.

OPINION

WARD, J.

Under the circumstances of this case we hold that the tolling provision contained in Code of Civil Procedure section 3561 does not apply to extend the 10-year period set forth in section 337.15 within which plaintiffs can file actions based on latent construction defects. As a result we find that certain of the consolidated actions are time-barred so that the trial court was required to grant the summary judgment...

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