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

California, United States of America


The following excerpt is from Aguilar v. Yarra, F068547 (Cal. App. 2015):

Code of Civil Procedure section 430.30, subdivision (a) provides that when "any ground for objection to a complaint ... appears on the face thereof, ... 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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