Shalabi v. City of Fontana, 35 Cal. App. 5th 639

On May 14, 2011 Fontana police officer Jason Perniciaro allegedly shot and killed Muhanad Shalabi (plaintiff’s father).
Plaintiff Luis Alexandro Shalabi filed a § 1983 action; original complaint filed December 3, 2013.
Parties stipulated: Shalabi was born December 3, 1993 and turned 18 on December 3, 2011; the statute of limitations for personal injury in California is two years.
The trial court held the suit untimely, ruling the two-year limitations period expired December 2, 2013, and dismissed the action.
The Court of Appeal reviewed de novo whether the limitations period ran through December 3, 2013 (anniversary method) or expired December 2, 2013 (calendar method).

Issue	Plaintiff's Argument	Defendant's Argument	Held
When did the two-year § 1983 limitations period begin and end after tolling until plaintiff turned 18?	Shalabi: limitations tolled until his 18th birthday; exclude that first day per CCP § 12, so two years runs through Dec. 3, 2013 (timely).	Respondents: tolling means clock starts on the birthday itself and should be computed by calendar method, expiring Dec. 2, 2013 (untimely).	Court: apply CCP § 12 (exclude first day, include last); counting from Dec. 4, 2011 yields Dec. 3, 2013 as the last day. Complaint timely.

Wallace v. Kato, 549 U.S. 384 (federal accrual rule for § 1983 causes; accrual when plaintiff can file and obtain relief)
Gilkyson v. Disney Enterprises, Inc., 244 Cal.App.4th 1336 (standard of review and procedural context)
Javor v. Taggart, 98 Cal.App.4th 795 (federal accrual principles applied to § 1983 in California)
City of Huntington Park v. Superior Court, 34 Cal.App.4th 1293 (state law governs tolling for § 1983 claims)
Phillippe v. Shapell Industries, 43 Cal.3d 1247 (courts may not read exceptions into statutes)
People v. Barragan, 32 Cal.4th 236 (authority is limited to propositions actually considered)
Williams v. Horvath, 16 Cal.3d 834 (§ 1983 not governed by Tort Claims Act limitations)