How would the statute of limitations for sexual abuse be tolled if a defendant turned 26 during a time of war?

Considering Code of Civil Procedure section 354, a state statute similar to section 526, this court implied that section 340.1the statute of limitations for childhood sexual abusewould be tolled if a defendant turned 26 while enlisted in a time of war. (Doe v.

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Doe 1, supra, 208 Cal.App.4th at p. 1192, fn. 5.) Code of Civil Procedure section 354 provides that a time of war "is not part of the period limited for the commencement of [an] action" but instead constitutes a period of disability for which the statute of limitations is tolled. Under the reasoning of Doe v. Doe 1, section 340.1 would be tolled if plaintiff turned 26 while an active servicemember.

But, in contrast to Doe v. Doe 1, plaintiff does not seek to toll a statute of limitations effective during his period of active duty. Instead he seeks to toll a statute of limitations that did not exist at the time plaintiff served in the military. Plaintiff exited the military in October 1999, prior to the effective date of the 1999 and 2002 amendments to section 340.1.²