Llanera

Plaintiff Gene Llanera filed suit May 13, 1977, against Tom Boydstun, Sr., and M & S Pipe Supply Co. for personal injuries arising out of an April 8, 1976, auto accident. Plaintiffs third amended complaint was dismissed following the sustaining of defendant M & S Pipe Supply Company’s demurrer on the ground that the complaint failed to state a cause of action since the suit was barred by the one-year statute of limitations in Code of Civil Procedure section 340, subdivision 3. The notice of demurrer also contained a motion for summary judgment, which the court granted. Plaintiff appeals from the judgment of dismissal.

By his third amended complaint plaintiff attempted to show defendant’s conduct was sufficient to estop the defendants from asserting the statute of limitations. Briefly, and in summarized form, he alleged: One day after the accident, the insurance company representing defendant sent a postcard to plaintiff, requesting him to contact their adjuster. Plaintiff retained counsel on April 12, 1976. In a letter dated April 30, 1976, to plaintiff’s counsel, a Mr. Funk, an adjuster for defendants’ insurance company, stated that the company would like to settle…