TU-VU DRIVE-IN CORP. v. DAVIES

Docket No. L.A. 29344.

66 Cal.2d 435 (1967)

426 P.2d 505

58 Cal. Rptr. 105

TU-VU DRIVE-IN CORPORATION, Plaintiff and Appellant, v. WILLIAM F. DAVIES, Defendant and Respondent.

Supreme Court of California. In Bank.

April 24, 1967.


Attorney(s) appearing for the Case

Holt, Macomber & Rhoades, Higgs, Fletcher & Mack, Vincent E. Whelan and Edward M. Wright for Plaintiff and Appellant.

McInnis, Focht & Fitzgerald and John W. McInnis for Defendant and Respondent.


BURKE, J.

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.1 Plaintiff appeals from the ensuing judgment of dismissal.2 As will appear, we have concluded that the cited statute does not apply...

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