What is the test for a statute of limitations defense at a special trial?

1 The trial court ruled on appellants' statute of limitations defense at a special trial preceding a trial on the merits. However, a determination at such a special trial is only reviewable from the final judgment on the merits. (Code Civ.Proc., 597; Woodhouse v. Pacific Elec. Ry. Co. (1952) 112 Cal.App.2d 22, 25, 245 P.2d 701.)

2 Dabney v. Shippey, supra, 40 Cal.App.3d 990, 115 Cal.Rptr. 526, is not to the contrary. There the court did not permit the defendants to file a cross-complaint because the complaint was a sham and the defendants were improperly made defendants in order to avoid the bar of the statute of limitations which had run on said defendant's claims. That case is simply inapposite to the present case.