Judge: Mark E. Windham, Case: 23STLC01928, Date: 2023-06-29 Tentative Ruling

Case Number: 23STLC01928    Hearing Date: June 29, 2023    Dept: 26

Bull v. Zinburg, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant Diana Zinburg’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

ANALYSIS:

Plaintiff Marsha Bull (“Plaintiff”) filed the instant action for motor vehicle and general negligence against Defendant Diana Zinburg(“Defendant”) on March 23, 2023. Defendant filed the instant Demurrer to the Complaint on June 1, 2023. No opposition has been filed to date.

Discussion

The Complaint alleges causes of action for (1) general negligence; and (2) motor vehicle negligence, based on the following facts. On September 25, 2020, Defendant allegedly operated a motor vehicle in such a negligent manner as to cause Plaintiff injuries and damages. (Compl., ¶MV-2.)

The Demurrer is supported by a meet and confer declaration, as required by Code of Civil Procedure section 430.41. (Demurrer, Kashani Decl., ¶¶3-4.) Defendant demurs to both causes of action as bared by the statute of limitations set forth at Code of Civil Procedure section 335.1. Code of Civil Procedure section 335.1 states that “[a]n action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another” must be brought within two years. (Code Civ. Proc., § 335.1.)

The Complaint was filed on March 23, 2023, which was more than two years after the alleged September 25, 2020 accident. The parties’ meet and confer effort concerned the impact of Emergency Rule 9 on the statute of limitations. (Motion, Kashani Decl., ¶4.) The Judicial Council of California adopted Emergency Rule 9 during the COVID-19 pandemic to expressly toll the statutes of limitations and repose for civil causes of action from April 6, 2020, until October 1, 2020. (See People v. Financial Casualty & Surety, Inc. (2021) 73 Cal.App.5th 33, 39.) However, since the motor vehicle accident in this action did not occur until September 25, 2020, the relevant tolling period was only from September 25, 2020 to October 1, 2020, or a period of six days. The statute of limitations, therefore, expired two years and six days after September 25, 2020, which was October 6, 2022.

Based on the face of the Complaint, the action is barred by the statute of limitations and there is no showing that Plaintiff can amend the pleading to save their claims.

Conclusion

Defendant Diana Zinburg’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.

Moving party to give notice.