DAWN P. MCCLENDON, Plaintiff, vs. MOHAWK PALMS HOA, et al., Defendants.


[TENTATIVE] ORDER RE:
MOTION FOR LEAVE TO AMEND FILING DATE OF COMPLAINT NUNC PRO TUNC TO OCTOBER 20, 2015


Plaintiff Dawn McClendon’s Motion for Leave to Amend Filing Date of Complaint Nunc Pro Tunc to October 20, 2015 is GRANTED.

The Court considered the moving papers and opposition.

BACKGROUND

On October 29, 2015, Dawn P. McCLendon (self-represented) filed a complaint against Mohawk Palms HOA, Ideal Property, and Travelers Ins. She alleges that on October 20, 2013, at around 8:00 p.m. upon entering the passenger side of a friend’s vehicle, she fell into a ditch with an exposed sewage pipe, entangling her foot/ankle under the pipe.

Defendants Mohawk Palm HOA and Ideal Properties demurred to the complaint on the grounds that it is barred by the two-year statute of limitations under CCP section 335.1.