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ORR v. CITY OF STOCKTON

No. C050196.

58 Cal.Rptr.3d 662 (2007)

150 Cal.App.4th 622

Paul ORR, Plaintiff and Respondent, v. CITY OF STOCKTON, Defendant and Appellant.

Court of Appeal of California, Third District.

May 4, 2007.

Attorney(s) appearing for the Case

Richard E. Nosky, Jr., City Attorney, Shelley L. Green, Deputy City Attorney, for Defendant and Appellant.

Tabak Law Firm and Stewart M. Tabak for Plaintiff and Respondent.

DAVIS, Acting P.J.

In this appeal, we conclude that the filing of a petition to perpetuate testimony or preserve evidence under Code of Civil Procedure section 2035.010 et seq. does not constitute the filing of a "suit" for purposes of satisfying the six-month statute of limitations set forth in Government Code section 945.6, subdivision (a)(1), of the California Tort Claims Act. (Gov.Code, § 900 et seq.; hereafter...

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