Associated Truck Parts, Inc. v. Superior Court

Opinion

WOODS (A. M.), P. J.

Petitioner, Associated Truck Parts, seeks a writ of mandate compelling the trial court to grant its motion for summary adjudication of issues on the ground that this action is barred by the applicable statute of limitations. The issue presented is what effect the subsequent retention of counsel has on the tolling provisions set forth in Insurance Code section 11583, as amended in 1985.

The undisputed facts in support of petitioner’s motion established that this action arises from a vehicle accident which occurred on November 10, 1988. Petitioner’s liability insurance…