Tu-Vu Drive-In Corp. v. Davies

The trial court sustained a demurrer to plaintiff’s complaint (first amended) without leave to amend, on the ground that the stated causes of action were barred by the one-year statute of limitations found in subdivision 3 of section 340 of the Code of Civil Procedure. Plaintiff appeals from the ensuing judgment of dismissal. As will appear, we have concluded that the cited statute does not apply, and that the judgment should be reversed.

Plaintiff operates a drive-in theatre in San Diego. In an action to which plaintiff was not a party, the defendant herein, an attorney, secured a writ of…