Wilson v. Walters

DRAPEAU, J. pro tem.

In this action to renew a judgment, complaint was filed three months more than five years after the judgment was entered. Unless the five-year period of the statute of limitations was extended, the cause is barred under the provisions of section 336 of the Code of Civil Procedure.

During the five-year period, the defendant made a series of $25 payments on account, commencing September, 1937, and ending in March, 1939, amounting to a total payment of $450 on a judgment for $8,858.75. This fact, standing alone, would not toll the statute. (Purdy v. Maree, 31 Cal.App.2d 125…