Pugliese v. Superior Court

53 Cal. Rptr. 3d 681, 146 Cal. App 4th 1444 (2007)

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Pugliese v. Superior Court

California Court of Appeal
53 Cal. Rptr. 3d 681, 146 Cal. App 4th 1444 (2007)

Facts

In April 2004, Michele Pugliese (plaintiff) sued her ex-husband, Dante Pugliese (defendant) for the tort of domestic violence. In Michele’s complaint, she alleged that, throughout their 13-year marriage, Dante had committed incidents of assault, battery, and intentional infliction of emotional distress. Dante sought to exclude any evidence relating to the assault and battery allegations by filing a motion in limine. Dante claimed that because the assault and battery allegations were related to incidents that occurred before April 2001, the three-year statute of limitations barred Michele from recovering damages for the incidents. Michele argued that she could introduce evidence of and recover damages for the assault and battery incidents on the ground that the statute of limitations for a tort-of-domestic-violence claim was three years from the last act of domestic violence. Therefore, Michele claimed that, because the intentional-infliction-of-emotional-distress incident occurred within the three-year period, the tort-of-domestic-violence complaint was timely filed and allowed her to recover damages for all incidents of domestic abuse, regardless of when they had occurred. The trial court granted Dante’s motion. Michele appealed.

Rule of Law

Issue

Holding and Reasoning (Chavez, J.)

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