Defendants Viola M. Sanders', individually and as Trustee of the Sanders Revocable Trust, demurrer to the complaint filed by plaintiff C. Donald Strickland is overruled. Defendants shall file an answer by May 28, 2018.
At this stage of the case, the Court is required to liberally construe the allegations of the plaintiff's complaint, with a view to substantial justice between the parties. CCP § 452. The Court should sustain a demurrer only if the facts alleged in the complaint, liberally construed, are insufficient to constitute any cognizable cause of action. The Court is not persuaded that this standard is satisfied here.
Specifically, the Court is not persuaded that the money had and received and breach of oral contract claims are barred by the statute of limitations. The running of a statute of limitations is grounds for a general demurrer and must appear clearly and affirmatively from the dates alleged. Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403. It is
Hearing Date
May 17, 2018
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Defendants Viola M. Sanders', individually and as Trustee of the Sanders Revocable Trust, demurrer to the complaint filed by plaintiff C. Donald Strickland is overruled. Defendants shall file an answer by May 28, 2018.
At this stage of the case, the Court is required to liberally construe the allegations of the plaintiff's complaint, with a view to substantial justice between the parties. CCP § 452. The Court should sustain a demurrer only if the facts alleged in the complaint, liberally construed, are insufficient to constitute any cognizable cause of action. The Court is not persuaded that this standard is satisfied here.
Specifically, the Court is not persuaded that the money had and received and breach of oral contract claims are barred by the statute of limitations. The running of a statute of limitations is grounds for a general demurrer and must appear clearly and affirmatively from the dates alleged. Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403. It is