Judge Lee W. Tsao, Case Number: 22NWCV01341, Date: 2023-08-17 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01341, Date: 2023-08-17 Tentative Ruling

Case Number: 22NWCV01341 Hearing Date: August 17, 2023 Dept: C

GUEVARA v. GONZALEZ

CASE NO.: 22NWCV01341

HEARING: 08/17/23

Defendant GONZALEZ’s unopposed Demurrer to Plaintiff GUEVARA’s Complaint is SUSTAINED without leave to amend.

Moving Party to give notice.

Defendant’s Request for Judicial Notice is GRANTED.

No Opposition filed as of August 14, 2023.

Plaintiff MARIA GUEVARA (“Plaintiff”) was injured in a car accident on August 31, 2020. This action was filed on November 17, 2022.

Defendant LIBORIO RIOS GONZALEZ (“Defendant”) generally demurs on the basis that Plaintiff’s claims are barred by the statute of limitations.

Under CCP §335.1, the statute of limitations for “injury to, or for the death of, an individual caused by the wrongful act or neglect of another” is two years. “Where the complaint discloses on its face that the statute of limitations has run on the causes of action stated in the complaint, it fails to state fact sufficient to constitute a cause of action.” (ABF Capital Corp. v. Berglass (2005) 130 Cal.App.4th 825, 833.) However, the defect “must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred.” (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.)

Here, on the face of the Complaint, Plaintiff alleges that the Subject Incident occurred on August 31, 2020, and that she sustained injuries that same day. This action was filed on November 17, 2022—which is more than two years later.

Emergency Rule 9(a) of the California Rules of Court does not change the outcome. The rule states: “Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2020, until October 1, 2020.” Here, the original statute of limitations expired on August 31, 2022. Emergency Rule 9(a) extended the statute of limitations to October 1, 2022 (by 31 days) which is the period between the date of loss (August 31, 2020) and the end of the tolling period (October 1, 2020). Plaintiff’s complaint, filed on November 17, 2022, is untimely even under the extended statute of limitations period.

The unopposed Demurrer is SUSTAINED without leave to amend.