§ 351 Absence from state; effect on limitation period

Codes > California Code of Civil Procedure > Part 2 > Title 2 : Chapter 4 > 351

§ 351. Absence from state; effect on limitation period

    EXCEPTION, WHERE DEFENDANT IS OUT OF THE STATE. If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action.

    VALIDITY

    This section was held unconstitutional, as violative of the commerce clause, with respect to residents who travel in the course of interstate commerce, in the decision of Filet Menu, Inc. v. Cheng (App. 2 Dist. 1999) 84 Cal.Rptr.2d 384, 71 Cal.App.4th 1276.