Does a demurrer properly challenge a cause of action barred by the statute of limitations?
California, United States of America
The following excerpt is from Pelkola v. Feder, 2d Civil No. B282954 (Cal. App. 2018):
demurrer without leave to amend"].) A demurrer properly challenges a cause of action barred by the statute of limitations where the timeliness defect clearly and affirmatively appears on the face of the pleading. (Lee v. Hanley (2015) 61 Cal.4th 1225, 1232.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does the statute of limitations bar an action to challenge an assessment which is illegal or void? (California, United States of America)
Is a plaintiff's cause of action barred by the statute of limitations or by the doctrine of laches? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Is a public agency subject to estoppel from the assertion of either the time limits for filing tort claims or the statute of limitations on cause of action? (California, United States of America)
Does a demurrer based on a statute of limitations lie where the action may be but is not necessarily barred? (California, United States of America)
Does the statute of limitations bar the entire complaint including the causes of action in equity seeking return of marijuana plants? (California, United States of America)
Can a complaint fail to state a cause of action where the date alleged is barred by the statute of limitations? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
