Judge: Cherol J. Nellon, Case: 21STCV12906, Date: 2024-09-26 Tentative Ruling

Case Number: 21STCV12906    Hearing Date: September 26, 2024    Dept: 14

#12

Case Background

This is an action for negligence, loss of consortium, personal injury, emotional distress, and vicarious liability. Plaintiff alleges that in April 2022, Plaintiff suffered severe injuries after a vehicle driven by an employee of Defendant collided with his vehicle.

On May 22, 2024, Plaintiff Jerome Eady filed his Complaint against Defendant the Church of Jesus Christ of Latter-Day Saints.

On July 29, 2024, Defendant filed this demurrer.

Instant Pleading

Defendant demurs to Plaintiff’s Complaint.

Decision

Defendant’s demurrer is SUSTAINED. Plaintiff has 15 days’ leave to amend.

Discussion

Defendant argues that Plaintiff’s claims are time-barred under Code Civ. Proc., section 335.1, which provides that actions for assault, batter, injury, or death of an individual caused by the wrongful act or neglect of another must be brought within two years. Here, the Complaint alleges that the subjection collision took place on April 5, 2022. (Compl., ¶5.) Plaintiff did not file his Complaint until May 22, 2024, more than two years after he sustained his injuries. Therefore, Plaintiff’s claims against Defendant are time-barred. The demurrer is sustained. The Court declines to reach Defendant’s remaining arguments for uncertainty.

Conclusion

Defendant’s demurrer is SUSTAINED. Plaintiff has 15 days’ leave to amend.