What is the test for a demurrer to sustain a motion against the statute of limitations?
California, United States of America
The following excerpt is from Sohn v. Cnty. of Mariposa, F076677 (Cal. App. 2020):
commences to run.' [Citation.]" (Sanchez v. South Hoover Hospital (1976) 18 Cal.3d 93, 101.) "[F]or a demurrer based on the statute of limitations to be sustained, the untimeliness of the lawsuit must clearly and affirmatively appear on the face of the complaint and matters judicially noticed." (Coalition for Clean Air v. City of Visalia (2012) 209 Cal.App.4th 408, 420.)
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