Shalabi v. City of Fontana

In a third amended complaint, plaintiff-appellant Luis Shalabi sued defendants-respondents Fontana City Police Officer Jason Perniciaro and others for a deprivation of civil rights (42 U.S.C. 1983). Shalabi alleged that on May 14, 2011, Perniciaro wrongfully shot and killed Muhanad Shalabi, who was Shalabi’s father. Shalabi filed his original complaint on December 3, 2013. The trial court dismissed Shalabi’s lawsuit due to it being filed one day beyond the statute of limitations. Shalabi contends the trial court erred by dismissing his lawsuit. The Court of Appeal determined The California statute for calculating the last day of the statute of limitations provided, “The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded.” Shalabi’s 18th birthday was the triggering event because that was the first day he could file his lawsuit. Shalabi’s 18th birthday was on December 3, 2011. Excluding that day, the Court found the last day for Shalabi to file his complaint was December 3, 2013. Shalabi filed his complaint on December 3, 2013. Therefore, Shalabi’s complaint was timely. The Court reversed the trial court's judgment. View "Shalabi v. City of Fontana" on Justia Law