What is the statute of limitations for an action brought by appellant against Respondent?

The principal point raised by appellant herein is that the trial court acted in excess of its jurisdiction in sustaining the demurrer without leave to amend. The court below found that the two-year statute of limitations contained in Code of Civil Procedure, section 339(1), was a bar to the action, and that it so appeared on the face of the complaint and demurrer. Appellant contends that the appeal taken from the judgment in Tuck v. Tuck, Supra, 245 Cal.App.2d 260, 53 Cal.Rptr. 872, tolled the statute of limitations; that the statute did not commence to run by reason of the fact that a cause of action did not accrue until September 28, 1968, the date of the final judgment on appeal. Respondent contends that the statute began to run on April 22, 1964, the day after all rights to move for a new trial and take an appeal expired.