Does a demurrer based on a statute of limitations lie where the action may be but is not necessarily barred?
California, United States of America
The following excerpt is from Jewish Funeral Ass'n, LLC v. Hollywood Forever, Inc., B260906 (Cal. App. 2016):
"'"'A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred. [Citation.] In order for the bar . . . to be raised by demurrer, 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.'"'" (Lee v. Hanley
Page 8
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Does a demurrer properly challenge a cause of action barred by the statute of limitations? (California, United States of America)
Is a declaratory relief action barred by the statute of limitations prescribed in Code of Civil Procedure? (California, United States of America)
Does the statute of limitation in a personal injury action against an attorney extend beyond the date of action against the attorney? (California, United States of America)
What is the statute of limitation for an action against a health care provider based on professional negligence? (California, United States of America)
Does the statute of limitations bar the entire complaint including the causes of action in equity seeking return of marijuana plants? (California, United States of America)
Does the statute of limitations apply to a cause of action based on federal law or constitutional principles? (California, United States of America)
When a charging document suggests or indicates on its face that the action is time-barred, can a person convicted of the same charge raise the statute of limitations at any time, including on appeal? (California, United States of America)
