Kertesz

Kertesz v. Ostrovsky

Good Law

115 Cal. App. 4th 369·2004 Cal. App. LEXIS 113·2004 Daily Journal DAR 1040·8 Cal. Rptr. 3d 907·2004 Cal. Daily Op. Serv. 859

Court of Appeal of CaliforniaJanuary 28, 2004G030640, G031373California2,996 words

Opinion

Sills, J.

Joseph J. Kertesz and 12 other plaintiffs (appellants) appeal from the order dismissing their first amended complaint after Jerome E. Ostrovsky’s (respondent) demurrer to that complaint was sustained without leave to amend. The lower court found appellants’ complaint was barred by the applicable statutes of limitations. We conclude that the limitations period was tolled by respondent’s petition for bankruptcy and the resulting automatic stay and reverse the judgment of dismissal accordingly.

FACTUAL AND PROCEDURAL BACKGROUND

On July 31, 2001, appellants filed a complaint against respondent seeking an unpaid judgment in the amount of $120,000 plus interest that was entered against respondent on January 8, 1991. Respondent demurred to the complaint on the grounds it was barred by the statutes of limitations set forth in Code of Civil Procedure sections 337.5 and 683.050.

Appellants responded to the demurrer by filing a first amended complaint, and respondent’s hearing on the demurrer was taken off calendar. The operative first amended complaint realleged that a judgment in appellants’ favor in the amount of $120,000 was entered against respondent on January 8, 1991. The…

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