Mounts

Plaintiff/appellant Lisa Mounts appeals a summary judgment in favor of defendant/respondent Neil Uyeda in appellant’s personal injury action. She contends the trial court erred in ruling her action was barred by the statute of limitations. We granted appellant’s petition for rehearing to consider issues raised in part II.

Facts and Procedural Background

On January 31, 1989, appellant filed her complaint against respondent for infliction of emotional distress, alleging that on January 30, 1988, she was driving on Highway 101 behind respondent, who negligently and/or intentionally waived or pointed a gun at her in a threatening manner, as a result of which she allegedly suffered severe emotional distress and resultant damages.

Respondent moved for summary judgment on the ground that appellant’s complaint was not filed within one year of the incident, as required by Code of Civil Procedure section 340.

Appellant opposed the motion on the basis of Code of Civil Procedure section 351, which tolls the statute of limitations during the period the defendant is out of the state. Respondent admitted he had been absent from the state for four days in July 1988, but argued that…