Stalberg

This appeal arises out of a slander of title action initiated by plaintiffs in June 1983. Plaintiffs prevailed at a jury trial, but this court reversed and remanded for a new trial on defendant’s statute of limitations defense because the trial court had failed to instruct the jury that the knowledge of plaintiffs’ attorney was imputed to plaintiffs. After remittitur, defendant obtained summary judgment on the slander of title cause of action on the basis of the statute of limitations. Plaintiffs challenge this summary judgment. We conclude that the doctrine of equitable tolling applies and therefore reverse the judgment.

Discussion

The background of this long-running dispute is set forth in Stalberg v. Western Title Ins. Co. (1991) 230 Cal.App.3d 1223 [ 282 Cal.Rptr. 43 ]. Appellate review of a summary judgment is de novo. (Stratton v. First Nat. Life Ins. Co. (1989) 210 Cal.App.3d 1071 [ 258 Cal.Rptr. 721 ]; Barisich v. Lewis (1990) 226 Cal.App.3d 12, 15 [ 275 Cal.Rptr. 331 ].) This slander of title action was initiated in June 1983. The applicable limitations period is three years. (Code Civ. Proc., § 338, subd. (g).) Plaintiffs claim that (1) their cause of action…