What is the test for a demurrer in a CEQA proceeding where the statute of limitations is the primary objection?

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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