LITWIN v. FORMELA
On May 22, 2008, plaintiff filed a COMPLAINT FOR PERSONAL INJURIES against Formela, alleging that plaintiff, a Sacramento County resident, sustained injuries in an automobile accident with Formela in San Mateo County on December 11, 2004. The complaint alleged Formela was a citizen and resident of Germany and had been absent from California since December 12, 2004, such that section 351 tolled the limitations period.
Plaintiff served process on the director of the Department of Motor Vehicles (DMV), as authorized by Vehicle Code section 17451, post, but asserted difficulty in locating a correct address for Formela in Germany.
On September 17, 2008, plaintiff filed an amended complaint, alleging Formela was deceased and changing the named defendant to â€
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