CCP 352.1 recodifies the tolling of the statute of limitations for prisoners previously found in CCP 352. Under section 352.1, if the plaintiff “is, at the time the cause of action accrued, imprisoned on a criminal charge … for a term less than for life, the time of that disability is not a part of the time limited for the commencement of the action, not to exceed two years.” This decision holds that the words “imprisoned on a criminal charge” refer only to imprisonment in a state prison after conviction of a felony and not to pre-trial or other detention in a county jail. The decision reaches this conclusion after an interesting and exhaustive discussion of the origin of the tolling provision in the civil death visited on persons convicted of major crimes.
California Court of Appeal, Second District, Division 3 (Lavin, J.); March 21, 2018; 2018 WL 1407120