Garabedian

—This appeal concerns whether the pendency of a federal tort claim for personal injuries against the United States government tolls the statute of limitations applicable to a state action against a defendant who was not a government employee and who was dismissed from a subsequent federal action because the federal court did not have jurisdiction over him. Under the circumstances of this case we will hold the federal tort claim did not toll the state statute of limitations.

The Case

The trial court sustained without leave to amend the demurrer of respondent, Steven Skochko, to the first amended complaint of appellant, Haig Garabedian, and entered a judgment of dismissal. The basis of the court’s order was that the one-year statute of limitations barred appellant’s action for personal injuries.

The Facts

jq 1987 appellant was a real estate agent. He had obtained permission of the United States Department of Housing and Urban Development (HUD) to show homes owned by HUD. HUD requested him to show a particular home to potential purchasers. On June 3 he went to the HUD home to inspect the premises before showing the property. He slipped and fell into an empty swimming…