Mangene v. Diamond

GRIM, District Judge.

This action for personal injuries arising from an automobile collision in California was brought more than one year but less than two years after the accident occurred. According to his uncontradicted affidavit and deposition, defendant at the time of the accident was a “nonresident” motorist of California, 1 where he was stationed with the Marine Corps. He returned to his home in Morton, Pennsylvania, about three months after the accident.

Defendant has moved to dismiss this action on the ground that it is barred by the California Statute of Limitations. Code Civ.Proc. §…