Bustamante

Plaintiff appeals from a judgment entered upon the sustaining of defendant’s demurrer to her third amended complaint without leave to amend. The action is one for damages for alleged malpractice by defendant as an attorney at law. It was commenced on June 23, 1961. The determinative issue is whether the action is barred by the statute of limitations.

The third amended complaint alleges in part as follows: that appellant and one Sergio Hernandez were betrothed; that Hernandez was being deported from the United States by the immigration authorities; that on August 5, 1954, appellant employed respondent to arrange for a valid marriage between her and Hernandez; that on September 25, 1954, respondent advised appellant to and she did participate in a marriage ceremony with a representative of Hernandez (under a power of attorney prepared by respondent) in a Catholic church in San Francisco; that respondent was negligent and careless in ad vising this proxy marriage in that such a marriage does not comply with the provisions of section 71 of the Civil Code -, that on June 5, 1961, the Superior Court in San Francisco (action No. 471826) declared said marriage to be invalid on the ground…