Baer

INTRODUCTION

In May 2011, a judgment was entered in favor of the plaintiffs in this action, Dan W. Baer and Southern California Sunbelt Developers, Inc. (SCSD) (collectively, Plaintiffs) and against several limited partnerships. As prevailing parties, Plaintiffs were entitled to recover costs of suit but due to various twists and turns, including appeals, bankruptcies, and motions to tax costs by the limited partnerships, a judgment incorporating the actual amount of costs was not entered until January 2019. In May 2020, Plaintiffs filed a complaint to enforce the judgment for costs against defendant Donald B. Grammer (Defendant) and two limited partnerships on the ground they were at relevant times the general partners of the judgment debtor limited partnerships. The trial court granted a motion for judgment on the pleadings brought by Plaintiffs and judgment was entered in their favor. Defendant appealed from the judgment. Defendant makes one contention on appeal: He contends that Plaintiffs’ complaint is time-barred because it was subject to the three-year statute of limitations of Code of Civil Procedure section 338, subdivision (a) (section 338(a)) for “[a]n action upon a…