Staples v. Zoph

McCOMB, J.,

pro tem.

This is an appeal by plaintiff from a judgment in favor of defendant after the trial court sustained an objection to the introduction of any evidence on the ground that the cause of action alleged in the amended complaint was barred by section 340, subdivision 3, of the Code of Civil Procedure.

[370]

The amended complaint attempts to state a cause of action for libel of plaintiff by defendant, the alleged libelous letters having been published on September 15,1932, and 16,1932, respectively; also that defendant had concealed her identity until June 3, 1933.

June 3, 1934,

was a Sunday. The complaint was filed on

June 4, 1934.

If the statute of limitations was tolled by the concealment of defendant’s identity, plaintiff was in time in filing her suit on the

fourth of June, 1934. (Tilden Lumber Co.

v.

Perino, 2

Cal. App. (2d) 133 (37 Pac. (2d) 466].)

The sole question presented for determination is:

Did the fraudulent concealment by defendant of her identity toll the running of the statute of limitations?

The statute of limitations is not tolled by the fraudulent concealment of defendant’s identity.

(Proctor

v.

Wells Brothers Co. of New York,

181 Ill. App. 468, 471;

Gale

v.

McDaniel,

72 Cal. 334, 335 [13 Pac. 871].)

Plaintiff relies principally upon the decision in