Dew v. Appleberry

Opinion

TOBRINER, J.

The instant case presents the issue whether the statute of limitations was tolled pursuant to Code of Civil Procedure section 351 1 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.” 2 (la) As we shall explain, we have concluded that defendant’s amenability to process is irrelevant under…