California, United States of America
The following excerpt is from Coalition For Clean Air v. City of Visalia, 147 Cal.Rptr.3d 141, 209 Cal.App.4th 408 (Cal. App. 2012):
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, 76 Cal.Rptr.2d 540.)
[209 Cal.App.4th 420]In a CEQA proceeding, an order sustaining a demurrer on statute of limitations grounds is subject to de novo review on appeal. ( Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42, 105 Cal.Rptr.3d 181, 224 P.3d 920.)
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