Judge: William A. Crowfoot, Case: 23AHCV02656, Date: 2024-03-15 Tentative Ruling

Case Number: 23AHCV02656    Hearing Date: March 15, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

I.       INTRODUCTION

          On November 13, 2023, plaintiff Jose Luis Zambrano Moreda filed this action against defendants Green Ranch Foods, Inc. and Mario Lopez (collectively, “Defendants”) asserting a single cause of action for motor vehicle negligence arising from a motor vehicle incident that occurred on November 12, 2021.

          On December 6, 2023, a First Amended Complaint (“FAC”) was filed which added Bertha Leticia Breton (“Breton”) as a plaintiff to the same cause of action for motor vehicle negligence.

          On January 11, 2024, Defendants filed this demurrer to the FAC only with respect to Breton’s claim on the grounds that it is barred by the statute of limitations.

          The demurrer is unopposed.  

II.      LEGAL STANDARDS

A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face.  (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters which may be judicially noticed. [Citation.]” (Mitchell v. California Department of Public Health (2016) 1 Cal.App.5th 1000, 1007; Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604 [“the facts alleged in the pleading are deemed to be true, however improbable they may be”].) Allegations are to be liberally construed. (Code Civ. Proc., § 452.) In construing the allegations, the court is to give effect to specific factual allegations that may modify or limit inconsistent general or conclusory allegations. (Financial Corporation of America v. Wilburn (1987) 189 Cal.App.3rd 764, 769.)

III.     DISCUSSION

          A 2-year statute of limitations period is applicable to personal injury claims. (Code Civ. Proc., § 335.1.) The alleged incident giving rise to this action occurred on November 12, 2021. Therefore, the statute of limitations expired on November 13, 2023 (because November 12, 2023 is a Sunday). Breton was not added as a plaintiff to this action until December 6, 2023. Therefore, Breton’s cause of action is untimely and the complaint fails to state a cause of action.

IV.     CONCLUSION

Defendants’ unopposed demurrer to the FAC with respect to Breton’s claim is SUSTAINED without leave to amend.

Moving party to give notice.

Dated this 15th day of March 2024

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.