Schneider

This is an appeal from a judgment sustaining a demurrer to the complaint of appellants Frank and Mary Schneider on the ground that the causes of action stated are barred by the one-year statute of limitations. (Code Civ. Proc. § 340, subd. 3.) Mary’s cause of action is to recover for an assault allegedly committed upon her by respondent. Frank, her husband, seeks to recover damages for the loss of her services and consortium caused by the alleged assault. The demurrer to Frank’s cause of action was sustained on the ground that no damages for loss of consortium are recoverable in California.

The first issue we must resolve is whether both causes of action are saved by Code of Civil Procedure section 355, which provides, in effect, that when a plaintiff’s judgment is reversed on appeal otherwise than on the merits a new action may be commenced within one year of the reversal. We have concluded that section 355 saves both causes of action and therefore reverse the judgment. We conclude also that appellant Frank Schneider’s damages for loss of consortium caused by an alleged wrong occurring outside of this state are recoverable in California if proven.

The events leading to the…