California, United States of America
The following excerpt is from Carloss v. Cnty. of Alameda, 194 Cal.Rptr.3d 784, 242 Cal.App.4th 116 (Cal. App. 2015):
which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.] When a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of action. [Citation.] And when it is sustained without leave to amend, we decide whether there is a reasonable possibility that the defect can be cured by amendment: if it can be, the trial court has abused its discretion and we reverse; if not, there has been no abuse of discretion and we affirm. (Blank v. Kirwan, supra,39 Cal.3d at p. 318, 216 Cal.Rptr. 718, 703 P.2d 58.)
Questions concerning whether an action is barred by the applicable statute of limitations are typically questions of fact. (Sahadi v. Scheaffer(2007) 155 Cal.App.4th 704, 713, 66 Cal.Rptr.3d 517.) 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 of the statute of limitations 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. (Guardian North Bay, Inc. v. Superior Court(2001) 94 Cal.App.4th 963, 971972, 114 Cal.Rptr.2d 748.)
2. The county failed to establish the action is time-barred.
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