Defendants SNR 27 The Springs of Escondido Owner LLC and Holiday AL Management Sub LLC (collectively, "Defendants")'s demurrer to Plaintiff Evelyn Kline ("Plaintiff")'s complaint is sustained in part and overruled in part.
Defendants' request for judicial notice is taken as requested. See Cal. Evid. Code § 452(d); Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal. App. 4th 471, 483. However, the court does not take judicial notice of the truth of any factual allegations asserted in that document. See Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548, 1564-1565.
The demurrer to the first cause of action for breach of contract is overruled. The statute of limitations for an action upon a written contract is four years. See Cal. Code Civ. P. § 337(a). The limitations period begins running once the cause of action accrues. See Cal. Code Civ. P. § 312. "A cause of action accrues when the claim is complete with all its elements." Slovensky v. Friedman (2006) 142 Cal. App. 4th 1518, 15
Hearing Date
October 01, 2020
Category
Civil - Unlimited
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Defendants SNR 27 The Springs of Escondido Owner LLC and Holiday AL Management Sub LLC (collectively, "Defendants")'s demurrer to Plaintiff Evelyn Kline ("Plaintiff")'s complaint is sustained in part and overruled in part.
Defendants' request for judicial notice is taken as requested. See Cal. Evid. Code § 452(d); Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal. App. 4th 471, 483. However, the court does not take judicial notice of the truth of any factual allegations asserted in that document. See Sosinsky v. Grant (1992) 6 Cal. App. 4th 1548, 1564-1565.
The demurrer to the first cause of action for breach of contract is overruled. The statute of limitations for an action upon a written contract is four years. See Cal. Code Civ. P. § 337(a). The limitations period begins running once the cause of action accrues. See Cal. Code Civ. P. § 312. "A cause of action accrues when the claim is complete with all its elements." Slovensky v. Friedman (2006) 142 Cal. App. 4th 1518, 15