When will the statute of limitations be tolled as to claims against an absent defendant?

California, United States of America


The following excerpt is from Epstein v. Frank, 125 Cal.App.3d 111, 177 Cal.Rptr. 831 (Cal. App. 1981):

Plaintiffs, citing Dew v. Appleberry, 23 Cal.3d 630, 153 Cal.Rptr. 219, 591 P.2d 509, point out that the statute of limitations will be tolled as to claims against an absent defendant even though the defendant is amenable to service during his period of absence, and, therefore, the fact that an agent for service of process has been designated by a partnership is irrelevant to the issue of the tolling of the statute of limitations. This principle may be applicable after it is established that a defendant was absent from the state. It does not mean, however, that we must ignore the fact that the use of a designated agent for service is a characteristic akin to entities and not individuals in determining how the partnership is to be viewed.

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
Can a Defendant assert all defenses and counterclaims that would be available to the Defendant in a claim against the Owner of the Claim? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Can a defendant raise a statute of limitations claim in a pretrial motion? (California, United States of America)
Is there any merit to defendant's claim that the trial court's findings of fact and conclusions of law with respect to the statute of limitations are erroneous as a matter of law? (California, United States of America)
Can a criminal defendant assert a claim against the statute of limitations for sexual assault on appeal after conviction? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
How would the statute of limitations for sexual abuse be tolled if a defendant turned 26 during a time of war? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.