The Chisleys failed to win a lawsuit against Barona Resort and Casino for bed bug bites experienced during their stay in a guestroom in early August of 2005 after deciding then that now was not the time to find out who was responsible for letting the bugs crawl over and infest their stay bed. Yesterday, July 20, 2011, the California Fourth District Court of Appeals agreed with local Superior Court Judge Yuri Hofmann and let Barona avoid the charges by affirming the lower court's dismissal.

Robert and Gloria did not file the California appeal against Orkin Exterminating Company, Inc. and an employee that did the pest control work at Barona until March 18, 2009, more than 3 years after the bug biting. The "accidental injuries" were the reason for four claims. Negligence was the basic charge.

A statute of limitations in the Civil Code of Procedure cut off the time for a suit filing on the first two claims, including the negligence claim, at 2 years. Another statute limited the time for filing the third and fourth claims to 3 years.
Dust gathered on a complaint against the tribe's insurer, the first complaint, made in January 2006. The tribal court for the Mission Indians eventually dismissed their claim. In August of 2007, before the dismissal, the Chisleys turned to the state court and asked for damages from the tribe.
 
The responsible parties were a question mark until the Chisleys's learned on March 19, 2007 that Orkin and its employee performed the extermination services for Barona during discovery in the trial in the Barona Tribal Court. The guilty party began to become clear. The Orkin employee had inspected their guestroom and found a bug infestation. When asked, he denied finding an infestation.

A long look into the facts on records took up the Chisleys' time until they made the decision in March of 2009, too late.

Time to file the suit against the right parties was shortened by the Chisley suits against the insurer and Barona Resort and Casino and the tribe. The appeals court said, the "plaintiff must go find the facts." They can not wait for the facts to become apparent.

The two will have to move on. Their claim in Robert Chisley  v. Orkin Exterminating Company, Inc. still not disproved.
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