Tell v. Taylor

Appellant, Fannie T. M. Tell, filed her complaint against the respondent, Wesley Taylor, alleging two causes of action, the first for malpractice, the second for deceit. Respondent in his answer denied both causes of action and alleged the statute of limitations (Code Civ. Proc., § 340, subd. 3) as an affirmative defense to both causes. Thereafter, respondent filed his motion for a summary judgment pursuant to section 437c of the Code of Civil Procedure. Both sides filed affidavits and points and authorities and after a hearing and argument, respondent’s motion was granted as to both causes…