Boyer v. Jensen, 129 Cal. App. 4th 62 (2005)

Holly Boyer was in an automobile accident with Russell Jensen, who was employed by Valley Mechanical Services at the time of the accident. Jensen sued Boyer for negligence shortly before the expiration of the statute of limitations. Approximately five months later, Boyer cross complained against Jensen; six months after that, Boyer amended her cross complaint to include Valley Mechanical as a defendant on the theory that Jensen may have been engaged in job-related travel at the time of the accident. Jensen obtained dismissal of the cross complaint against him after the claim was discharged in Jensen’s bankruptcy proceeding. Valley Mechanical filed a motion for judgment on the pleadings on the theory that the claim against it was barred by the applicable statute of limitations. The trial court dismissed Valley Medical on the ground that its statute of limitations defense was not tied to Jensen’s waiver of that defense (which occurred when Jensen filed his action against Boyer) even though he was an employee at the time of the incident. The Court of Appeal affirmed.