McALPINE v. SUPERIOR COURT

Docket No. A044020.

209 Cal.App.3d 1 (1989)

257 Cal. Rptr. 32

EDWARD McALPINE et al., Petitioners, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; CHRISTOPHER FRANCOIS, Real Party in Interest.

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

March 29, 1989.


Attorney(s) appearing for the Case

COUNSEL

Ronni Jackl, Todd Boley and Edwin J. Wilson, Jr., for Petitioners.

No appearance for Respondent.

Kyle Gee and Henrikson & Gee for Real Party in Interest.


OPINION

LOW, P.J.

Government Code section 945.3 tolls the statute of limitations on government tort actions while related criminal charges are pending against a plaintiff. We hold that for the purposes of the statute, criminal charges are "pending" until the date of judgment, not the date of conviction.

Petitioners City of Berkeley and Berkeley Police Officers McAlpine and Nelson (collectively City) are defendants in a tort...

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