Can a demurrer be sustained on the grounds that the causes of action are time-barred?

California, United States of America


The following excerpt is from May v. Hallenbeck, G052416 (Cal. App. 2016):

A demurrer may be sustained on the ground that the causes of action are time-barred if the bar clearly appears on the face of the complaint. (Doe v. Roman Catholic Archbishop of Los Angeles (2016) 247 Cal.App.4th 953, 960.) The limitations period at the time the cause of action accrued is the relevant period. (Id. at p. 962.)

We review the refusal of the trial court to permit amendment after the sustaining of a demurrer for abuse of discretion. (Paterno v. State of California (1999) 74 Cal.App.4th 68, 110.) The appellant must explain what the proposed amendments are and how they would cure the initial pleading deficiencies. (Ibid.)

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