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Dan Clark Family v. Miramontes

Court of Appeal of California, Fourth District, Division One
Mar 3, 2011
193 Cal.App.4th 219 (Cal. Ct. App. 2011)

Summary

concluding the Commerce Clause precluded application of section 351 to nonresident defendants who resided in Mexico

Summary of this case from Wilson v. Hays

Opinion

No. D056064.

March 3, 2011.

Appeal from the Superior Court of Imperial County, No. ECU03788, Jeffrey Bruce Jones, Judge.

Law Office of Andrew B. Kaplan, Andrew B. Kaplan and William Tucker for Plaintiff and Appellant.

Horton, Knox, Carter Foote, Margarita McKee Haugaard and Melissa Blackburn for Defendants and Respondents.



OPINION


Summaries of

Dan Clark Family v. Miramontes

Court of Appeal of California, Fourth District, Division One
Mar 3, 2011
193 Cal.App.4th 219 (Cal. Ct. App. 2011)

concluding the Commerce Clause precluded application of section 351 to nonresident defendants who resided in Mexico

Summary of this case from Wilson v. Hays

In Dan Clark Family Limited Partnership v. Miramontes, 193 Cal. App. 4th 219, 227-31 (2011), the court of appeal reviewed the authorities following Bendix that considered whether application of section 351 violates the Commerce Clause.

Summary of this case from Galvani v. Galvani

In Dan Clark, the plaintiff asserted section 351 to toll the applicable three-year statute of limitations against the defendants who allegedly traveled between California and Mexico for personal reasons and allegedly did not engage in interstate commerce from the time of the alleged conversion until the plaintiff filed suit.

Summary of this case from Galvani v. Galvani
Case details for

Dan Clark Family v. Miramontes

Case Details

Full title:DAN CLARK FAMILY LIMITED PARTNERSHIP, Plaintiff and Appellant, v. JULIETA…

Court:Court of Appeal of California, Fourth District, Division One

Date published: Mar 3, 2011

Citations

193 Cal.App.4th 219 (Cal. Ct. App. 2011)
122 Cal. Rptr. 517

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Ibanez v. Performance Air Serv., Inc.

(Ibid.) Similarly, in Dan Clark Family Limited Partnership v. Miramontes (2011) 193 Cal.App.4th 219 (Dan…