City of Huntington Park v. Superior Court

Bad Law
1995 Cal. App. LEXIS 448·34 Cal. App. 4th 1293·41 Cal. Rptr. 2d 68·95 Daily Journal DAR 6173·95 Cal. Daily Op. Serv. 3603
Court of Appeal of CaliforniaMay 12, 1995B087234California2,506 words

Opinion

Opinion

Croskey, J.

Petitioner City of Huntington Park (the City) seeks a writ of mandate which directs the respondent court to vacate its order on demurrer, which allows plaintiff Gadi Flores (Flores) to proceed with an action under 42 United States Code Annotated section 1983 (hereafter section 1983). Flores’s action was filed within one year of the time Flores obtained his majority, but more than a year after the events complained of, which occurred in 1991. The City seeks to bar all claims, based on the statute of limitations. Flores contends the statute was tolled during his minority under Code of Civil Procedure section 352, subdivision (a) (section 352(a)).

We conclude, as did the trial court, that section 352(a) tolls the statute of limitations in a federal civil rights action during the plaintiff’s minority, as it does in civil actions generally. Such tolling is not precluded by Code of Civil Procedure section 352, subdivision (b) (section 352(b)), which provides that section 352 does not apply to actions that are subject to the claim filing requirements of the Tort Claims Act. We accordingly deny the requested writ relief.

Factual and Procedural Background

Flores’s complaint,…

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