Is the statute of limitations a ground for objection to a complaint?

California, United States of America


The following excerpt is from McCaffery v. Madera Cmty. Hosp., F074523 (Cal. App. 2019):

Under section 430.30, subdivision (a), when "any ground for objection to a complaint ... appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading." The statute of limitations is a "ground for objection to a complaint" for purposes of this provision and, therefore, may be raised in a demurrer. (Cochran v. Cochran (1998) 65 Cal.App.4th 488, 493.)

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