Scales of Justice

By Liset Marquez, Inland Valley Daily Bulletin
Posted: 10/17/14, 4:43 PM PDT | Updated: 41 secs ago

RIVERSIDE >> Ontario filed a motion Friday afternoon asking that a Riverside Superior Court judge deny Los Angeles’ request to dismiss a portion of the lawsuit involving LA/Ontario International Airport based on claims the statute of limitations has passed.

In September, Los Angeles’ motion asked the court to determine whether certain documents, including the 1967 Joint Powers Agreement, are subject to termination.

Los Angeles argues that the statutes of limitation of rescission and reformation is three years, and Ontario’s claims are more than 40 years late.

Attorneys for Ontario claim the joint powers agreement is not subject to any statute of limitations.

“Los Angeles’s argument that a deed, once delivered, cannot be revoked is a red herring. A delivered deed can be revoked where there is a failure of a condition subsequent. Here, the deed delivered to Los Angeles is void for Los Angeles’ failure to perform a condition subsequent.

Accordingly the deed may be revoked,” according to the opposition filed by Ontario on Friday.

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