Rasmussen

*50 This appeal presents a unique opportunity to apply plea of abatement and statute of limitations principles to a wrongful death lawsuit based on a cold case murder. Code of Civil Procedure section 340.3, subdivision (a) provides that "in any action for damages against a defendant based upon the defendant's commission of a felony offense for which the defendant has been convicted, the time for commencement of the action shall be within one year after judgment is pronounced." 1 The civil case under review seeks vindication for a 31-year-old murder. The parents of the murder victim, Nels and Loretta Rasmussen, brought suit against defendant Stephanie Lazarus, the killer of their daughter Sherri. 2 The Rasmussens filed their action after defendant had been arrested, but before her criminal trial. Defendant was convicted while this action was pending. Four years after the conviction, with the civil case still in pretrial, defendant moved to dismiss the case on the basis that the lawsuit had been filed before , not after, her conviction and hence could not fall within section 340.3, subdivision (a)'s authorization. The trial court denied the motion and ultimately entered judgment in…