IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
WEST SHIELD INVESTIGATIONS AND SECURITY CONSULTANTS et al.,
Petitioners,
v.
THE SUPERIOR COURT OF
SANTA CLARA COUNTY,
Respondent;
CHARLEEN EYMIL,
Real Party in Interest.
PATHFINDERS WAY, INC., et al.,
Petitioners,
v.
THE SUPERIOR COURT OF
SANTA CLARA COUNTY,
Respondent;
CHARLEEN EYMIL,
Real Party in Interest.
I. INTRODUCTION
In this original proceeding, we consider two issues of first impression which relate to the statute of limitations. First, petitioners assert that Code of Civil Procedure section 352,1 which mandates that statutes of limitation are tolled for minors, no longer applies once the minor is emancipated because Family Code section 7050, subdivision (e)(4), expressly provides that an emancipated minor’s adult powers include the right to sue. Second, petitioners contend that the one-year statute of limitations for personal injury actions, which is codified at section 340, subdivision (3), applies to claims of civil rights violations made under the Unruh Civil Rights Act, Civil Code section 51 et seq. (hereafter, Unruh Act). As we shall explain, we agree with petitioners on both issues.
Accordingly, because real party in interest Charleen Eymil was emancipated by court order before her 18th birthday, but her action against petitioners was not filed until more than one year later, all causes of action subject to the one-year statute of limitations for personal injury actions are time-barred. Petitioners are therefore entitled to summary adjudication of those causes of action. The remaining causes of action for intentional misrepresentation and fraud, however, are not time-barred or otherwise appropriate for summary adjudication. We therefore grant in part and deny in part the petitions for extraordinary relief from respondent court’s order denying petitioners’ motions for summary judgment or, in the alternative, summary adjudication.
II. FACTUAL AND PROCEDURAL BACKGROUND
A. Factual Background
This matter arises from a teenager’s forced attendance at a wilderness program for troubled youth. The parents of 16-year-old Charleen Eymil (hereafter, Eymil) sought assistance after Eymil ran away and was thought to be living with her 21-year-old boyfriend. They spoke with an educational consultant who recommended a wilderness program in New Mexico called Pathfinders, which was owned and operated by petitioner Pathfinders Way, Inc. (hereafter, Pathfinders). The consultant gave Eymil’s parents a Pathfinders’ brochure which advertised that the program provided a wilderness experience “to remove distractions and to provide the challenge needed to engage students in the emotional growth process.â€