Lewis v. Superior Court of Los Angeles County

Opinion

WOODS, P. J.

This proceeding in mandate requires determination of whether a statute of limitations controlling commencement of actions may be tolled under certain circumstances where an unforeseeable accident renders it impossible for plaintiff’s attorney to file within the statutory period.

The facts are simple and not in dispute.

On March 17, 1983, plaintiff was seriously injured when her automobile was struck from the rear by defendant’s automobile. Plaintiff retained Attorney Bartlett, a sole practitioner, to represent her. Bartlett contacted defendant’s insurer and obtained payment…