What is the test for demurrer of a claim against the statute of limitations?

California, United States of America


The following excerpt is from Black v. Dept. of Mental Health, 100 Cal.Rptr.2d 39, 83 Cal.App.4th 739 (Cal. App. 2000):

We will not, however, assume the truth of contentions, deductions or conclusions of fact or law and may disregard allegations that are contrary to the law or to a fact which may be judicially noticed. When a ground for objection to a complaint, such as the statute of limitations, appears on its face or from matters of which the court may or must take judicial notice, a demurrer on that ground is proper. (Code Civ. Proc., 430.30, subd. (a); Cochran v. Cochran, supra, 56 Cal.App.4th at p. 1120.) We may take judicial notice of the records of a California court. (Evid. Code, 452, subd. (d).) We must take judicial notice of the decisional and statutory law of California and the United States. (Evid. Code, 451, subd. (a).)

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