Kertesz v. Ostrovsky
California Court of Appeal
1Opinion of the Court
Opinion
SILLS, P. J.
Joseph J. Kertesz and 12 other plaintiffs (appellants) appeal from the order dismissing their first amended complaint after Jerome E. Ostrovsky’s (respondent) demurrer to that complaint was sustained without leave to amend. The lower court found appellants’ complaint was barred by the applicable statutes of limitations. We conclude that the limitations period was tolled by respondent’s petition for bankruptcy and the resulting automatic stay and reverse the judgment of dismissal accordingly.
FACTUAL AND PROCEDURAL BACKGROUND
On July 31, 2001, appellants filed a complaint…
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