(DOWNLOAD) "Dew V. Appleberry" by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Dew V. Appleberry
- Author : Supreme Court Of California
- Release Date : January 14, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The instant case presents the issue whether the statute of limitations was tolled pursuant to Code of Civil Procedure section 351*fn1 when defendant, although physically absent from the state, was still amenable to service of process in California during the period of his absence. Section 351 provides that the time of a defendant's absence from the state after a cause of action has accrued against him "is not part of the time limited for the commencement of the action."*fn2 As we shall explain, we have concluded that defendant's amenability to process is irrelevant under the tolling provision, and that the statute of limitations applicable to plaintiff's tort action was tolled during the period of defendant's absence from the state. Accordingly, we reverse the trial court's order granting summary judgment for defendant and dismissing plaintiff's complaint.
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