Miramontes

*222 Opinion

I.

INTRODUCTION

Plaintiff Dan Clark Family Limited Partnership (Dan Clark) appeals from a judgment entered after the trial court sustained defendants’ demurrer to Dan Clark’s third amended complaint, without leave to amend. The trial court concluded that Dan Clark’s causes of action for conversion and claim and delivery were untimely under the three-year statute of limitations that applies to the claims.

On appeal, Dan Clark contends that the trial court erred in finding that the statute of limitations was not tolled pursuant to Code of Civil Procedure 1 section 351, which tolls the statute of limitations for the time period during which a defendant is out of California. The trial court concluded that application of section 351 to toll the limitations period for plaintiff’s claims would violate the commerce clause of the United States Constitution (Commerce Clause).

We conclude that applying section 351 to toll the statute of limitations in this case would run afoul of the Commerce Clause because it would force a nonresident defendant to choose between remaining in the state for several years, or returning to his or her place of residence, thereby forfeiting the…