Judge: Glenn R. Salter, Case: 22-1283709, Date: 2023-08-03 Tentative Ruling

The demurrer of defendant Nancy Wei Milne to the first amended complaint on the ground it is barred by the two-year statute of limitations is OVERRULED with 10 days to answer.

It is undisputed that the incident occurred on October 1, 2020, and that the original complaint was filed September 28, 2020.  However, a first amended complaint was filed October 7, 2020, and therein lies the issue.

The defendant argues that the original complaint was insufficient and therefore the amended complaint does not relate back.  Because the amended complaint was filed more than two years after the incident, defendant claims the action is barred as a matter of law.

The court reviewed the complaint and finds it gives adequate notice of the claim.  Therefore, the first amended complaint “relates back” to the complaint.  Because the complaint was filed within two years of the incident, the action is not time-barred.

Even if the complaint had been insufficient to put the defendant on notice of the claim, Emergency Rule 9 tolled the statute of limitations for six months during this period due to Covid-19.  The amended complaint was filed well within the additional time.

The declaration of the plaintiff is not necessary to resolution of the demurrer and defendant’s objections to it are not addressed.

The plaintiff shall give notice.