Judge: Virginia Keeny, Case: 21STCV37348, Date: 2022-09-01 Tentative Ruling

Case Number: 21STCV37348    Hearing Date: September 1, 2022    Dept: W

GHAFFARI v. BISHIOP, et al.

DEMURRER to plaintiff’s complaint

Date of Hearing:        September 1, 2022               Trial Date:       None set.  

Department:              W                                            Case No.:        21STCV37348

Moving Party:            Defendant Lynette Bishop

Responding Party:     No Opposition filed.  

Meet and Confer:      Ulwelling Decl. ¶¶ 6-9.

BACKGROUND

On October 12, 2021, Plaintiff filed a form Complaint against Defendant for breach of contract. Plaintiff alleges that Defendant orally agreed to pay for all medical costs and pain and suffering Plaintiff sustained as a result of being kicked by Defendant's horse. After the statute of limitations ran for a personal injury claim, Defendant refused to pay.

[Tentative] Ruling

Defendant Lynette Bishop’s the demurrer is SUSTAINED without leave to amend.

ANALYSIS

Statute of Limitations

Defendant demurs to the Complaint on the grounds that (1) the statute of limitations has ran, and (2) the oral agreement is in violation of the statute of frauds.

The Complaint alleges that Defendant breached the oral agreement to pay for Plaintiff’s medical costs on October 24, 2017.

Breach of oral contract claims are subject to a two-year statute of limitations. (See CCP § 339(1).) The cause of action accrues when the breach occurs. (See Spear v. California State Automobile Association (1992) 2 Cal.4th 1035, 1042.)

The Complaint was filed on October 12, 2021, almost three years after the breach is alleged to have occurred. Accordingly, on the face of the complaint, the claim is barred by the statute of limitations.

Plaintiff has not opposed.

Accordingly, the demurrer is SUSTAINED without leave to amend.