California Court of Appeal

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THOMAS v. GILLILAND, B146508

When a plaintiff voluntarily dismisses a timely-filed complaint, it is as if the action were never commenced, and the filing of the original complaint cannot be said to have tolled the limitations period applicable to the cause of action.

Appellate Information

  • Decided 01/22/2002
  • Published 01/22/2002

Judges

  • CHARLES S. VOGEL, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Stephen R. Kilstofte, Long Beach, for Plaintiff and Appellant.

  • For Appellees:
  • Sulzner & Associates and Bruce E. Sulzner, San Diego, for Defendant and Respondent.
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