Thompson

In her previous suit, plaintiff Marion Thompson (Thompson) obtained declaratory relief naming her as the insured for a fire insurance policy on a structure which had burned. In this suit initiated thereafter against the insurance company, Thompson filed an action for civil conspiracy to deny her the proceeds of the policy. A motion for summary judgment on her fourth amended complaint was granted. Thompson appeals, claiming equitable tolling of the statute of limitations and error in finding the cause of action for conspiracy time-barred. We affirm.

The initial complaint for declaratory relief filed by Thompson named defendant California Fair Plan Association (hereafter Fair Plan), also a defendant here, as well as Donald E. Thierry (hereafter Thierry) in an attempt to reform a fire insurance policy to name Thompson as the insured. The findings of fact and conclusions of law issued in that case stated in relevant part that Thompson had purchased real property located at 2709-2713 1/2 West 42nd Street in Los Angeles from Thierry on January 25, 1965. Title was originally taken by a trustee and was later conveyed to Thompson on July 26, 1967.

The court…