Demurrer of Defendant Bryant Bouchot to Plaintiff’s Complaint:
Moving Party challenges this cause of action on four grounds: 1. The complaint is barred by Civil Code § 43.4, which provides: “A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.” (Buckley v. Buckley (In re Marriage of Buckley) (1982) 133 Cal. App. 3d 927, 931-32; Askew v. Askew (1994) 22 Cal. App. 4th 942, 953.)
2. The complaint is time barred by the 3-year statute of limitations under CCP § 338(d). The Complaint does not invoke the delayed discovery rule. Even if it did, the delayed discovery rule does not apply. Constructive notice is the equivalent of actual notice (Citizens for Covenant Compliance v. Anderson (1995) 12 Cal.4th 345, 355). A marriage certificate is a matter of public record. If Alma Bouchot Soto was legally married to someone else, plaintiff would have had the ability to discover such marriage at some point within the last 30 years. (See Conerl
Hearing Date
February 07, 2019
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Demurrer of Defendant Bryant Bouchot to Plaintiff’s Complaint:
Moving Party challenges this cause of action on four grounds: 1. The complaint is barred by Civil Code § 43.4, which provides: “A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.” (Buckley v. Buckley (In re Marriage of Buckley) (1982) 133 Cal. App. 3d 927, 931-32; Askew v. Askew (1994) 22 Cal. App. 4th 942, 953.)
2. The complaint is time barred by the 3-year statute of limitations under CCP § 338(d). The Complaint does not invoke the delayed discovery rule. Even if it did, the delayed discovery rule does not apply. Constructive notice is the equivalent of actual notice (Citizens for Covenant Compliance v. Anderson (1995) 12 Cal.4th 345, 355). A marriage certificate is a matter of public record. If Alma Bouchot Soto was legally married to someone else, plaintiff would have had the ability to discover such marriage at some point within the last 30 years. (See Conerl