Judge: Lee W. Tsao, Case: 21NWCV00477, Date: 2023-08-17 Tentative Ruling

Case Number: 21NWCV00477    Hearing Date: March 14, 2024    Dept: C

JAUREGUI v. CHAVEZ

CASE NO.: 21NWCV00477

HEARING:  03/14/24

#6

Defendants JORGE CHAVEZ; LUZ CHAVEZ; and JASMIN CHAVEZ’s Motion to Dismiss is DENIED.

Moving Party to give notice.

Defendants JORGE CHAVEZ; LUZ CHAVEZ and JASMIN CHAVEZ (“Defendants”) move to dismiss the Second Amended Complaint based on the statute of limitations for fraud under CCP §338(d).

No Opposition has been filed as of March 11, 2024.

The Motion to Dismiss is DENIED on procedural grounds.  CCP §581 sets forth grounds for dismissal, none of which relate to the statute of limitations. 

The Court’s denial is without prejudice to Defendants from re-asserting these same arguments via a different procedural vehicle—e.g. Demurrer, Motion for Judgment on the Pleadings, or Motion for Summary Judgment.