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THOMAS v. GILLILAND

No. B146508.

115 Cal.Rptr.2d 520 (2002)

95 Cal.App.4th 427

Miles THOMAS, Plaintiff and Appellant, v. C. Vincent GILLILAND, Defendant and Respondent.

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

January 22, 2002.

Attorney(s) appearing for the Case

Stephen R. Kilstofte, Long Beach, for Plaintiff and Appellant.

Sulzner & Associates and Bruce E. Sulzner, San Diego, for Defendant and Respondent.

CHARLES S. VOGEL, P.J.

In this appeal we review the contention that the statute of limitations is tolled when a complaint is filed so that a plaintiff may dismiss the complaint and refile the same action long after the statute of limitations has expired. We affirm the trial court's rejection of this preposterous proposition.

I

To determine the merits of a demurrer, the material facts alleged in the complaint are deemed admitted. (Serrano v. Priest...

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