Equitable tolling could apply to a plaintiff’s pursuit of an action in a foreign court to prevent destruction of evidence needed for proof of plaintiff’s substantive claim eventually brought in state court. It is not necesssary for equitable tolling that the prior suit seek substantive relief that lessens the plaintiff’s injury or damage. The plaintiff need only show notice to defendant, lack of prejudice to defendant, and reasonable, good faith conduct by the plaintiff. Here, plaintiff alleged facts sufficient to establish the first two elements, but fell short on the third. So the court affirms dismissal but remands to allow plaintiff to amend to state facts showing that its choice of the initial remedy it sought in French courts was reasonable and that it acted in good faith in pursuing that remedy.