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5005 Where a plaintiff was diagnosed with mesothelioma almost fifty years after he was exposed to asbestos in Oklahoma, Code of Civil Procedure § 361, California's “borrowing statute,” did not compel application of Oklahoma law since the plaintiff was a California citizen both when his cause of action accrued and when he filed suit, but Oklahoma law nonetheless governed the limitations period because that state's interests in the application of its own laws was greater than California's interests.
CitationMCCANN v FOSTER WHEELER (Torts Choice of Law) 48 C4 68 [See 160 CA4 689 (decision below); CCP § § 340.2, 361]
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