Demurrer to First Amended Complaint (FAC)
Tentative Ruling: Defendant El Toro Medical Investors L.P. dba Lake Forest Nursing Center and Life Care Centers of America, Inc.’s (erroneously sued as Life Care Centers of America, Inc. dba Lake Forest Nursing Center) Demurrer to the FAC is OVERRULED as to the 2nd COA; and SUSTAINED, with 20-days leave to amend, as to the 3rd and 4th COAs, as follows. As to the statute of limitations, the Court finds the 2nd and 4th COAs are not barred by Code of Civil Procedure section 340.5. A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred…In order for the bar…to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred.” (Committee for Green Foothills v. Santa Clara County Board of Supervisors (2010) 48 Cal.4th 32, 42.) “The one-year limitation period of section 340.5 is a codifi