What is the test for making a payment in a personal injury action?

California, United States of America


The following excerpt is from Flannigan v. Onuldo, Inc., D067447 (Cal. App. 2015):

Here, facts judicially noticed show plaintiff did not tender the amount owed when she filed this action. For this reason alone, we conclude the trial court properly sustained the defendants' demurrers without leave to amend. (See Nguyen v. Calhoun (2003) 105 Cal.App.4th 428, 439 (Nguyen) [noting with respect to making payment a " 'trustor must pay the debt . . . according to its terms to protect the property from loss by foreclosure' "].)

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