Judge: Joel R Wohlfeil, Case: 37-2019-00049994-CU-BC-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 18, 2024

03/22/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Motion to Dismiss 37-2019-00049994-CU-BC-CTL NAVY FEDERAL CREDIT UNION VS WARREN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 02/02/2024

The 'request for dismissal... and motion for striking Complaint' (ROA # 64) filed by Defendant CLARE WARREN('Defendant'), is DENIED.

A four-year limitations period applies to a claim for breach of written contract. Code Civ. Proc. 337(a).

As alleged, the Complaint by Plaintiff Navy Federal Credit Union ('Plaintiff') was filed within four years of the breach.

Also, service was not untimely. See Code Civ. Proc. 583.250.

Finally, on December 28, 2023 Defendant made a general appearance via an Answer to the Complaint.

As a result, the Court has personal jurisdiction over Defendant.

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