DEMURRER TO FIRST AMENDED COMPLAINT AND MOTION TO STRIKE
MOVING PARTY: Defendant Environmental Construction Group, Inc.
RESPONDING PARTY(S): Plaintiff Salvador Clara Amial
PROOF OF SERVICE:
ANALYSIS
Demurrer
1. First Cause of Action (Common Law Battery); Second Cause of Action (Assault).
Defendant demurs on the ground that this cause of action is barred by the two year statue of limitations for assault and battery set forth in CCP § 335.1, which provides: “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Here, Plaintiff alleges that he was attacked by Defendant’s employee, Aldo Ramos, on August 19, 2016, resulting in a vicious attack that knocked him unconscious and caused multiple injuries on his face and body, including eyesight problems. 1AC, ¶ 19. Obviously, Plaintiff was aware of the assault and battery as of August 19, 2016. The Complaint was not filed until November 28, 2
Hearing Date
May 17, 2019
Type
Wrongful Termination (General Jurisdiction)
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DEMURRER TO FIRST AMENDED COMPLAINT AND MOTION TO STRIKE
MOVING PARTY: Defendant Environmental Construction Group, Inc.
RESPONDING PARTY(S): Plaintiff Salvador Clara Amial
PROOF OF SERVICE:
ANALYSIS
Demurrer
1. First Cause of Action (Common Law Battery); Second Cause of Action (Assault).
Defendant demurs on the ground that this cause of action is barred by the two year statue of limitations for assault and battery set forth in CCP § 335.1, which provides: “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Here, Plaintiff alleges that he was attacked by Defendant’s employee, Aldo Ramos, on August 19, 2016, resulting in a vicious attack that knocked him unconscious and caused multiple injuries on his face and body, including eyesight problems. 1AC, ¶ 19. Obviously, Plaintiff was aware of the assault and battery as of August 19, 2016. The Complaint was not filed until November 28, 2