Delgado v. Estate of Espinoza

Opinion

BRAUER, J.

The trial court granted defendant’s motion for judgment on the pleadings on the ground that the complaint was barred by the one-year statute of limitations for a personal injury action. (Code Civ. Proc., § 340, subd. (3).) On appeal from the judgment of dismissal plaintiff contends that the applicable statute is Code of Civil Procedure section 353. That statute governs in cases of a defendant’s death before the expiration of the statute of limitations. It provides that plaintiff has up to one year following the issuance of letters testamentary or of administration to bring…