Litwin

In this personal injury complaint arising from a 2004 automobile collision, plaintiff Wlodzimierz Jan Litwin appeals from a judgment of dismissal following the sustaining of a demurrer by defendant Estate of Robert Fórmela, grounded on the statute of limitations (Code Civ. Proc., § 335.1 ). Plaintiff contends the trial court erred in declining to toll the limitations period pursuant to section 351 due to the absence from California of Fórmela, a German citizen/resident who returned to Germany after the California collision. We shall affirm the judgment of dismissal.

BACKGROUND

On May 22, 2008, plaintiff filed a complaint for personal injuries against Fórmela, alleging that plaintiff, a Sacramento County resident, sustained injuries in an automobile accident with Fórmela in San Mateo County on December 11, 2004. The complaint alleged Fórmela was a citizen and resident of Germany and had been absent from California since December 12, 2004, such that section 351 tolled the limitations period.

Plaintiff served process on the Director of the Department of Motor Vehicles (DMV), as authorized by Vehicle Code section 17451 (see pt. II., post), but asserted difficulty in…