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FILET MENU, INC. v. CHENG

No. B118633.

84 Cal.Rptr.2d 384 (1999)

71 Cal.App.4th 1276

FILET MENU, INC., Plaintiff and Appellant, v. Warren CHENG, Defendant and Respondent.

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

May 4, 1999.

Attorney(s) appearing for the Case

Douglas R. Holmes, Santa Fe Springs, for Plaintiff and Appellant.

John R. Sommer, Los Angeles, for Defendant and Respondent.

CURRY, J.

Respondent Warren Cheng demurred to the first amended complaint for breach of contract of appellant Filet Menu, Inc. (hereafter "Filet Menu"), contending that its claims were time-barred. The trial court sustained the demurrer, reasoning that the tolling provisions of Code of Civil Procedure section 351, as applied to the facts alleged concerning Cheng, violated the commerce clause of the federal Constitution. We reverse.

FACTS

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