Hildes v. Andersen

Filing 160

CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that whether equitable or statutory tolling, American Pipe tolling may not be extended to Section 13's statute of repose. Accordingly, Hildes' Section 11 claim is barred by the three-year statute of repose. Defendants' motion to dismiss is GRANTED. As this is Hildes' only remaining claim, this action is DISMISSED with prejudice.(kcm)

United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
DAVID HILDES, Individually and as
Trustee of the DAVID AND
KATHLEEN HILDES 1999
CHARITABLE REMAINDER
UNITRUST DATED JUNE 25, 1999,

Civil Action No. 08CV0008-BEN-RBB
Plaintiff,
V.

JUDGMENT IN A CIVIL CASE

ARTHUR ANDERSEN LLP; et al.,

Defendant.

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried
or heard and a decision has been rendered.
IT IS HEREBY ORDERED AND ADJUDGED:
Whether equitable or statutory tolling, American Pipe tolling may not be extended to Section 13's
statute of repose. Accordingly, Hildes' Section 11 claim is barred by the three-year statute of repose.
Defendants’ motion to dismiss is GRANTED. As this is Hildes’ only remaining claim, this action is
DISMISSED with prejudice.

Date:

5/26/15

CLERK OF COURT
JOHN MORRILL, Clerk of Court
By: s/ K. Martin-Brown
K. Martin-Brown, Deputy