Austin v. Medicis

A plaintiff is "imprisoned on a criminal charge" within the meaning of Code of Civil Procedure section 352.1 if he is serving a term of imprisonment in the state prison. Plaintiff filed suit alleging breach of contract and related claims against defendants. In this case, plaintiff's causes of action accrued while he was in pretrial custody at the Los Angeles County Jail. The Court of Appeal held that none of the statutes of limitations at issue were tolled as a result of plaintiff's pretrial incarceration in the county jail, and thus the trial court properly sustained defendants' demurrer without leave to amend on statute of limitations grounds. View "Austin v. Medicis" on Justia Law