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LEHTO v. UNDERGROUND CONSTR. CO.

Docket No. 39882.

69 Cal.App.3d 933 (1977)

138 Cal. Rptr. 419

RODNEY ALLAN LEHTO, Plaintiff and Appellant, v. UNDERGROUND CONSTRUCTION COMPANY et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

May 20, 1977.

Attorney(s) appearing for the Case

COUNSEL

Henry S.H. Fong for Plaintiff and Appellant.

Turner & Franzoia, Peter M. Turner, Van Bourg, Allen, Weinberg & Roger, Victor J. Van Bourg and David A. Rosenfeld for Defendants and Respondents.

OPINION

SCOTT, J.

Rodney Allan Lehto appeals from the dismissal of his complaint against his former employers, Underground Construction Company (hereafter Underground) and Piombo Construction Company (hereafter Piombo), after the sustaining of their demurrer, without leave to amend.

The principal issue raised is the applicability of the 100-day statute of limitations, Code of Civil Procedure section 1288,

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