Don Johnson Productions, Inc. v. Rysher Entertainment

MOSK, J., Dissenting.

I respectfully dissent.

A. Tolling Agreement

Defendant asserts that the Code of Civil Procedure section 360.51 renewal requirement applies to the “tolling agreement” between the parties, and therefore plaintiff’s claim is untimely and barred by the statute of limitations. (§ 337.) The apparent purpose of section 360.5 was to prevent creditors from extracting perpetual waivers of the statute of limitations and thereby emasculating the defense of the statute of limitations. (See California First Bank v. Braden (1989) 216 Cal.App.3d 672, 677 [264 Cal.Rptr. 820].) Moreover,…