Judge: Shirley K. Watkins, Case: 22VECV00946, Date: 2022-11-01 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 22VECV00946    Hearing Date: November 1, 2022    Dept: T

            [TENTATIVE] ORDER:  Defendant Tremaine Neverson’s Demurrer to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. 

Introduction

Defendant Tremaine Neverson (Defendant) demurred to Plaintiff Jane Doe’s (Plaintiff) Complaint.  Plaintiff’s opposition was due October 19, 2022.  Plaintiff has not filed an Opposition and appears to submit to the arguments of the demurrer.

            Discussion 

            Defendant argued that all six causes of action (COA) alleged by Plaintiff are grounded on an alleged rape occurring on March 24, 2016.  (Compl. pars. 6-14.)  Defendant argued that the applicable statute of limitations (SOL) relevant to each of the six COAs expired at the latest on March 24, 2018.  This action being filed on July 8, 2022 arguably makes the claims four years untimely.  The Court finds the argument persuasive and Plaintiff was required to present argument and facts to show that the pleading defect can be cured.  Because Plaintiff did not file an opposition, Plaintiff has not met her burden.  The Court finds the action to be time-barred.