Ledesma v. Jack Stewart Produce, Inc.

816 F.2d 482 (1987)

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Nature of the Case

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Facts

Alfonso Ledesma, Josephine Rodriguez, Rafaela Gaytan, and Jennifer Santiago (Ps), all California residents, were injured on an Arizona highway when their van was struck by a tractor driven by Mize (D), an Arkansas resident, and owned by Ds, an Oklahoma corporation, with its principal place of business in Oklahoma, and Jack Stewart (D), an Oklahoma resident. Ps filed a diversity action. Ds filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6), in that the one-year California statute of limitations applied and barred the action against them. The court granted the motion to dismiss. Ps appealed.