Ruling by
Tracie L. BrownLower Court
San Francisco County Superior CourtLower Court Judge
Ernest H. GoldsmithPlaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court.
Court
California Courts of Appeal 1DCA/4Cite as
2019 DJDAR 2991Published
Apr. 10, 2019Filing Date
Apr. 8, 2019Opinion Type
ModificationDisposition Type
AffirmedDANIEL LONG,
Plaintiff and Appellant,
v.
FORTY NINERS FOOTBALL COMPANY, LLC,
Defendant and Respondent.
No. A142818
(San Francisco City & County
Super. Ct. No. CGC-13-535439)
California Courts of Appeal
First Appellate District
Division Four
Filed April 8, 2019
Trial Judge: Hon. Ernest L. Goldsmith
Counsel
Becker & Becker, Geoffrey Becker for Plaintiff and Appellant.
Lombardi, Loper & Conant, LLP, Maria M. Lampasona, Taylor J. Pohle for Defendant and Respondent.
THE COURT:
It is ordered that the opinion filed herein on March 26, 2019, be modified as follows:
On page 1, in the first paragraph's penultimate sentence that begins with "Defendant Forty Niners Football Company, LLC demurred . . . .", the word "Long's" is changed to "the", so the sentence reads:
Defendant Forty Niners Football Company, LLC demurred on statute of limitations grounds, and the trial court sustained the demurrer without leave to amend.
There is no change in the judgment.
Dated:
____________________, Acting P.J.
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
