Newman v. Newman

Opinion

LUCAS, J.

Glinda Newman appeals from the judgment, after court trial, awarding William C. Newman damages of $50,000 for injuries he suffered when she shot him. We reverse.

The issue on appeal is whether Code of Civil Procedure section 340.3,

1

which provides for an extended period for commencing an action for damages based on a defendant’s commission and conviction of a felony offense, applies when a defendant has been found not guilty by reason of insanity.

Facts

On May 14, 1983, Glinda Newman invited William Newman, her ex-husband, to her home and shot him, inflicting serious injuries. Glinda was charged with attempted murder. (Pen. Code, §§ 664/187.) Other charges were eventually dismissed.

On June 15, 1984, William sued Glinda for damages for his injuries. Glinda demurred, claiming the action was barred by section 340, which provides a one-year statute of limitations for an action for injury caused by the wrongful act of another. The demurrer was overruled. Glinda’s answer again raised the statute of limitations as a defense.

On July 31, 1985, Glinda changed her plea in the criminal action from not guilty and not guilty by reason of insanity to nolo contendere and not guilty by reason of insanity. The court accepted the plea, found her not guilty by reason of insanity, committed her to a mental hospital for a period not to exceed 14 years and adjourned proceedings.

Glinda’s motion for summary judgment, filed March 17, 1986, was overruled, the court finding that she came within the provisions of section 340.3. That section which became effective on September 20, 1983, reads: “Unless a longer period is prescribed for a specific action, in any action for damages

[258]

against a defendant based upon such person’s commission of a felony offense for which the defendant has been convicted, the time for commencement of the action shall be within one year after judgment is pronounced. If the sentence or judgment is stayed, the time for the commencement of the action shall be tolled until the stay is lifted. For purposes of this section, a judgment is not stayed if the judgment is appealed or the defendant is placed on probation.”