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Plaintiff, an actor's production company, sued two corporate defendants, for, inter alia, breach of contract

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Procedural Posture

Plaintiff, an actor's production company, sued two corporate defendants, for, inter alia, breach of contract. The Los Angeles County Superior Court, California, entered judgment in favor of plaintiff. Defendants appealed.

 

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Defendants alleged that plaintiff's claims were barred the four-year statute of limitations for written contracts set forth in Code Civ. Proc., § 337, subd. (1). The court concluded that a May 16, 2002 agreement between the parties to toll the statute of limitations was not subject to Code Civ. Proc., § 360.5. The § 360.5 four-year renewal requirement had no application to the tolling agreement. There was no requirement the tolling agreement be renewed after four years. The tolling agreement therefore tolled the § 337, subd. (1), statute of limitations. The filing of the complaint on February 17, 2009, was timely.

 

Outcome

The court affirmed the judgment insofar as it awarded $15 million plus interest from July 12, 2010, affirmed the cost award, but reversed the judgment in all other respects.

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