What is the test for a demurrer of a claim against the statute of limitations?

California, United States of America


The following excerpt is from Duggal v. Future Telcom, 96 Cal.Rptr.2d 383 (Cal. App. 2000):

We will not, however, assume the truth of contentions, deductions or conclusions of fact or law and may disregard allegations that are contrary to the law or to a fact of which judicial notice may be taken. When a ground for objection to a complaint, such as the statute of limitations, appears on its face or from matters of which the court may or must take judicial notice, a demurrer on that ground is proper. (Code Civ. Proc., 430.30, subd. (a); Cochran v. Cochran, supra, 56 Cal.App.4th at p. 1120.) We may take judicial notice of the records of a California court. (Evid. Code, 452, subd. (d).) We must take judicial notice of the decisional and statutory law of California and the United States. (Evid. Code, 451, subd. (a).)

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