On appeal, defendant again raises her argument that the lawsuit was prematurely filed and could not go forward. The trial court denied the motion and ultimately entered judgment in plaintiffs' favor.
Four years after the conviction, with the civil case still in pretrial, defendant moved to dismiss the case on the basis that the lawsuit had been filed before, not after, her conviction and hence could not fall within section 340.3, subdivision (a)'s authorization. Defendant was convicted while this action was pending. 2 The Rasmussens filed their action after defendant had been arrested, but before her criminal trial.
The parents of the murder victim, Nels and Loretta Rasmussen, brought suit against defendant Stephanie Lazarus, the killer of their daughter Sherri. Code of Civil Procedure section 340.3, subdivision (a) provides that “in any action for damages against a defendant based upon the defendant's commission of a felony offense for which the defendant has been convicted, the time for commencement of the action shall be within one year after judgment is pronounced.” 1 The civil case under review seeks vindication for a 31-year-old murder. This appeal presents a unique opportunity to apply plea of abatement and statute of limitations principles to a wrongful death lawsuit based on a cold case murder. Taylor and Sonya Ostovar for Plaintiffs and Respondents. Overland and Courtney Overland for Defendant and Appellant.
Law Offices of Overland & Overland, Mark E. STEPHANIE LAZARUS, Defendant and Appellant. NELS RASMUSSEN et al., Plaintiffs and Respondents, v. Court of Appeal, Second District, Division 8, California.
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