Damjanovic

In this case, we are asked to decide whether Government Code section 945.3, which tolls the statute of limitations for actions by a criminal defendant against peace officers and their employers arising out of conduct of the peace officers relating to the criminal offense with which defendant is charged, applies to extend the period of time for serving civilian defendants with summons. We conclude that section 945.3 does not toll the period of time for service of summons, and is inapplicable to causes of action against civilian defendants and by plaintiffs other than the criminal defendant. We affirm the trial court’s order of dismissal for failure to serve summons within three years of filing the complaint.

Facts

At 9:30 a.m. on April 13, 1986, Antun Damjanovic, his wife, Milagros Damjanovic, and their six-year-old daughter, Klara Damjanovic (plaintiffs and appellants), visited the office of their tax preparer, defendant and respondent Robert Ambrose, which was located in the City of Cerritos. The Damjanovics intended to meet with Ambrose in order to have their tax returns prepared. Ambrose’s secretary, defendant and respondent Martha England, informed the Damjanovics…