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ROJAS v. CUTSFORTH

No. B119159.

79 Cal.Rptr.2d 292 (1998)

67 Cal.App.4th 774

Shannon ROJAS, Plaintiff and Appellant, v. Craig Elwin CUTSFORTH, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

November 3, 1998.

Attorney(s) appearing for the Case

Richard M. Lester and Randolph M. Hammock, Encino, for Plaintiff and Appellant.

Barry Bartholomew & Associates, Linda Bergus and Deborah A. Levine, Woodland Hills, for Defendant and Respondent.

GILBERT, Acting Presiding Justice.

Plaintiff mailed a complaint to the clerk for filing. The clerk returned the unfiled complaint by mail because a declaration for court assignment was not signed and the summons contained the address of the wrong branch of the court. In the meantime, the statute of limitations passed. The trial court denied plaintiffs request for a nunc pro tunc filing of the complaint and granted defendant summary judgment on the statute of limitations...

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