Bonifield

Sandra Bonifield, individually and as the guardian of Jessica Rose Saunders-Krueger, and the Estate of Kimberly Anne Saunders (collectively plaintiffs) brought this wrongful death action after dismissing their related federal action without prejudice. Defendants demurred on the ground that the state action was untimely. The superior court sustained the demurrer without leave to amend and entered a judgment of dismissal.

On appeal, plaintiffs contend (1) the state action was timely because the statute of limitations was tolled during the pendency of the federal action, which never was effectively dismissed, and (2) in any event, the state action was timely under the principles of California’s equitable tolling doctrine.

We conclude the superior court acted properly in sustaining the demurrer and entering a judgment of dismissal, although not for the reasons stated in Kolani v. Gluska (1998) 64 Cal.App.4th 402 [ 75 Cal.Rptr.2d 257 ] (hereafter Kolani). As we will explain, we believe that Kolani was wrongly decided.

Factual and Procedural Background

Early in the morning of October 27, 1996, Kimberly Anne Saunders “became missing” while traveling on a road between two…