Judge: James A. Mangione, Case: 37-2022-00020901-CU-PO-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00020901-CU-PO-CTL OLGA GUDINO IN HER CAPACITY AS HEIR AND SUCCESSOR IN INTEREST TO JUAN GUDINO AND DECEASED VS SOUTH COAST COMMERCIAL LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Rent Ready Inc.'s Demurrer is overruled.

'A demurrer on the ground of the bar of the statute of limitations will not lie where the action may be, but is not necessarily barred.' (Leasequip, Inc. v. Dapeer (2002) 103 Cal. App. 4th 394, 400.) '[A] defendant who has misrepresented or concealed relevant facts may be equitably estopped from relying on the statute of limitations even if plaintiff was then represented by counsel.' (Justices Kathleen Banke and John L. Segal (Rutters Group 2024) Requirements, Cal. Prac. Guide Civ. Pro. Before Tr. Stat. of Limitations at § 7:41 (citing Doe v. Marten (2020) 49 Cal. App. 5th 1022, 1030-1031 & Jordan v. City of Sacramento (2007) 148 Cal. App. 4th 1487, 1497-1498).) Here, the Second Amended Complaint alleges that Defendant affirmatively misrepresented its involvement with the subject project and its status as Decedent's employer. (SAC ¶¶ 30-33.) This is sufficient to allege facts that could justify estoppel.

Consequently, the action is not 'necessarily barred' by the statute of limitations and the demurrer is overruled.

Plaintiffs' objections are overruled. Defendant's request for judicial notice is granted.

The minute order is the order of the Court.

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