Garcia

Garcia v. Flores

Good Law
134 Cal. Rptr. 712·1976 Cal. App. LEXIS 2152·64 Cal. App. 3d 705
Court of Appeal of CaliforniaDecember 8, 1976Civ. 48553California768 words

Opinion

Opinion

Kingsley, J.

Plaintiff appeals from a judgment, entered after a bifurcated trial, dismissing her complaint on the ground that it was barred by the statute of limitations. We reverse.

On June 1, 1969, the parties were involved in an automobile accident in the State of Sinaloa, Mexico. The present action was filed on June 3, 1970. After the accident, both parties were hospitalized in Mexico, returning together to California eight days after the accident.

I

The parties have argued, extensively, whether the one-year California statute of limitations (Code Civ. Proc., § 340, subd. 3) or the two-year statute of limitations provided by the law of Sinaloa, applies. Since we conclude that the action was brought within the time permitted by the California statute, we need not, and do not, determine the interesting conflict of laws issue thus presented to us.

II

Defendant contends, and the trial court held, that, by reason of section 17463 of the Vehicle Code, the eight days during which both parties were in Mexico should not be excluded in computing the one year provided for in section 340. We disagree.

Section 17463 of the Vehicle Code reads as follows: “Notwithstanding any provisions of…

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