Judge: Andrew E. Cooper, Case: 22CHCV01283, Date: 2023-08-14 Tentative Ruling

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Case Number: 22CHCV01283    Hearing Date: August 14, 2023    Dept: F51

DEMURRER AND MOTION TO STRIKE

Motion filed: 05/30/2023

MOVING PARTY: Defendant Eduard Astryan

RESPONDING PARTY: N/A - Unopposed

NOTICE: [ok]

RELIEF REQUESTED: The Defendant is requesting the demurrer be sustained because the Plaintiff filed their Complaint after the statute of limitations had expired.

TENTATIVE RULING: The demurrer is SUSTAINED. The Motion to Strike is moot. 

BACKGROUND

This is a personal injury action arising out of an automobile collision that occurred on November 27, 2020, in Northridge, California. Savannah Matallana (“Plaintiff”) alleges that Eduard Asatryan (“Defendant”) negligently collided with her while driving and subsequently filed a Complaint on December 2, 2022 with two causes of action: (1) Motor Vehicle and (2) General Negligence.

Defendant filed the instant Demurrer and Motion to Strike on May 30, 2023. No opposition has been filed to date.

ANALYSIS

Plaintiff alleges that the accident occurred on November 27, 2020. The Complaint was filed on December 2, 2022. Defendant demurs on the basis that the statute of limitations for the causes of action expired after two years pursuant to Code of Civil Procedure §335.1. The Court agrees.

CCP §335.1 provides that: “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” The Complaint was filed over two years after the alleged incident. 

Leave to Amend

Leave to amend must be allowed where there is a reasonable possibility of a successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Because there is no reasonable possibility of a successful amendment, leave to amend is denied.

CONCLUSION

Defendant’s demurrer is sustained without leave to amend. Defendant’s Motion to Strike is moot.