Hayden W. Church

51 Cal. 2d 399 (1958), 333 P.2d 321

The Court reversed a Commission order directing an overlying carrier of property to pay reparations to subhaulers.  The Court held that the Commission had applied the incorrect statute of limitations to the cause before them.  (Where a statute creates the amount of a liability, but not the liability itself, a two year, rather than three year statute of limitation applies).  The Court also held that the Commission had erroneously found that the Petitioner had waived the statute of limitations defense by failing to assert it at hearing.  The decision refers to the predecessor of present Commission Rules 5.1 – 5.2, and notes that unless a Respondent is required to respond to an OII nothing is waived by a failure to do so.  The portion of the present Rule 5.2, however, does support the notion that the Respondent can be deemed to have waived objections to certain aspects of the preliminary Scoping Memo.  See also Rule 7.6(a)(3) regarding appeals of categorizations of OIIs.

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