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TCM Corp. v. Superior Court of the County of San Bernardino12/17/2003
ng stage. Given our conclusion, it would be premature for us to address the constitutionality of section 351.
DISPOSITION
Let a peremptory writ of mandate issue directing the Superior Court of San Bernardino County to set aside its order overruling petitioner's demurrer and to enter a new and different order sustaining the demurrer. The trial court shall grant Marquez leave to amend his complaint if, in accordance with the views expressed in this opinion, he makes a showing he can truthfully allege facts to establish the tolling of the statute of limitations under section 351. Each party to bear its own costs.
Petitioner is DIRECTED to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
We concur:
Gaut J.
King J.
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