Tentative ruling issued by Judge Robert MOSS on Sep. 03, 2021 in Orange County, CA - Case no: xxxxxCJC

Defendants’ demurrer to amended complaint. Demurrer overruled. Defendants shall file their answer(s) to the first amended complaint within 10 days of the date of this hearing.
Unlike the original complaint, the first amended complaint now states facts showing that the applicable statute of limitations under Code of Civil Procedure section 340.6 may have been tolled until 1/31/20, and that this action may therefore be timely. (See Code Civ. Proc., § 340.6, subd. (a)(2) [continuous representation exception]; see also FAC ¶ 20.)
A plaintiff’s allegations must be accepted as true for the purposes of ruling on a demurrer, no matter how unlikely or improbable they may be (see Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406 [because a demurrer tests only the legal sufficiency of the pleading, we accept as true even the most improbable alleged facts, and we do not concern ourselves with the plaintiff’s ability to prove its factual allegations])]); and a dem….....