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KENDRICK v. CITY OF EUREKA

No. A088104.

98 Cal.Rptr.2d 153 (2000)

82 Cal.App.4th 364

Cheryl Olson KENDRICK et al., Plaintiffs and Appellants, v. CITY OF EUREKA et al., Defendants and Respondents.

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

Review Denied October 3, 2000.

Attorney(s) appearing for the Case

Law Office of Thomas Dewey Easton, Tom Easton, Crescent City, for Appellants.

Mitchell, Brisso, Delaney & Vrieze, John M. Vrieze, William F. Mitchell, Eureka, for Defendants and Respondents County of Humboldt, Sheriff Dennis Lewis, Dave Renner and Correctional Officers Gooch, Beckel, Hayes, Ross and Sintic.

Roberts, Hill, Bragg, Angell & Perlman, Donald B. Roberts, Lisa A. Russ, Eureka, for Defendants and Respondents Joe Krzemi and John Anderson.

RUVOLO, J.

Introduction

Appellants appeal from the dismissal of their action after respondents' demurrer was sustained on the ground that the one-year statute of limitations set forth in Code of Civil Procedure section 340, subdivision (3), had expired. Appellants argue that the statute of limitations was tolled by United States Code title 28, section 1367(d), while their claims were pending in federal court. They maintain that the trial court erred in concluding...

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