Defendant has demurred to the plaintiff's first amended complaint.
Second cause of action (slander per se): Overruled. Defendant argues that this action is barred by the statute of limitations. Specifically, she claims that plaintiff fails to allege when defendant published these defamatory statements. A demurrer may be sustained on statute of limitations grounds only when it is clear from the complaint that the claim is time-barred. Union Carbide Corp. v Superior Court (1984) 36 Cal.3d 15. The complaint does not allege when the defamatory statements were made, and therefore it cannot be determined from the face of the complaint that the action is barred by the statute of limitations.
Third cause of action (invasion of medical privacy): Overruled. The third cause of action alleges facts sufficient to state a basis upon which injunctive relief may be granted. A demurrer may only be sustained where the pleading fails to state a cause of action under any possible legal theory. (Sheehan v.
Hearing Date
March 15, 2011
Category
Civil - Unlimited
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Defendant has demurred to the plaintiff's first amended complaint.
Second cause of action (slander per se): Overruled. Defendant argues that this action is barred by the statute of limitations. Specifically, she claims that plaintiff fails to allege when defendant published these defamatory statements. A demurrer may be sustained on statute of limitations grounds only when it is clear from the complaint that the claim is time-barred. Union Carbide Corp. v Superior Court (1984) 36 Cal.3d 15. The complaint does not allege when the defamatory statements were made, and therefore it cannot be determined from the face of the complaint that the action is barred by the statute of limitations.
Third cause of action (invasion of medical privacy): Overruled. The third cause of action alleges facts sufficient to state a basis upon which injunctive relief may be granted. A demurrer may only be sustained where the pleading fails to state a cause of action under any possible legal theory. (Sheehan v.