Arizona Supreme Court

Alfred Albano, an Unmarried Man; Monica Lewis, an Unmarried Woman; Samantha Baker, an Individual; Ariel Barr, An…

June 30, 2011227 Ariz. 121

Summary

The court held that class-action tolling does not apply to Arizona's statute of repose for construction-defect claims because judicial tolling cannot alter the substantive cutoff established by that statute. The court also concluded that the Arizona savings statute could not preserve the plaintiffs' claims because the relevant refiled action was filed outside the statute's six-month period and successive refilings could not be aggregated. The court did not decide whether class-action tolling applies to ordinary statutes of limitations or whether equitable considerations could affect tolling.