Legal Opinion
Evans v. Dayton Hudson Corp.
California Court of Appeal
Decided September 17, 1991No. D012226PublishedCited by 5 opinions
1Opinion of the Court
Opinion
TODD, Acting P. J.
Jane Evans appeals from a judgment of dismissal after the trial court sustained, without leave to amend, the demurrer of Dayton Hudson doing business as Target Stores, Inc., (Dayton Hudson) to the second amended complaint filed by her and her husband. The question presented is whether the spouse of an injured person who receives advance payments under Insurance Code 1 section 11583 is entitled to rely on the statutory tolling provision of section 11583 with respect to a cause of action for loss of consortium. We conclude the answer is no and affirm the judgment.
Facts
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2Cases cited10 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Rodriguez v. Bethlehem Steel Corp.California Supreme Court · 1974
- City of Santa Cruz v. Municipal CourtCalifornia Supreme Court · 1989
- Abellon v. Hartford InsuranceCalifornia Court of Appeal · 1985
- Lantis v. CondonCalifornia Court of Appeal · 1979
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3Cited by5 opinions
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- Northwest Airlines, Inc. v. Ontario Aircraft Services, Inc.California Court of Appeal · 2003