[TENTATIVE] ORDER RE: DEMURRER
I. INTRODUCTION
On May 8, 2017, plaintiff Brenda Sanchez filed this action against Jose Napoleon Garcia (“Garcia”) and Doe Defendants 1-50 for injuries arising from an October 28, 2016 car accident on the 210 freeway east of Citrus Avenue. On May 3, 2018, Plaintiff amended the complaint to name Krystina Janelle Mellard (“Defendant”) as Doe 1. On May 17, 2018, plaintiff filed a First Amended Complaint (“FAC”) against Garcia and Defendant. The FAC dropped any reference to the October 28, 2016 accident and instead alleged injuries arising from an October 28, 2015 car accident on the 210 freeway east of Citrus Avenue. Plaintiff dismissed Garcia on April 8, 2019. Plaintiff served Defendant on November 21, 2019. Trial is set for July 15, 2020.
Defendant demurs to the FAC on the grounds that the action is barred by the statute of limitations.
II. DISCUSSION
Defendant argues that Plaintiff’s FAC is untimely because Plaintiff alleges the accident occurred on
Hearing Date
February 07, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
Status
Court-Ordered Dismissal - Before Trial - Lack of Prosecution 10/09/2019
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[TENTATIVE] ORDER RE: DEMURRER
I. INTRODUCTION
On May 8, 2017, plaintiff Brenda Sanchez filed this action against Jose Napoleon Garcia (“Garcia”) and Doe Defendants 1-50 for injuries arising from an October 28, 2016 car accident on the 210 freeway east of Citrus Avenue. On May 3, 2018, Plaintiff amended the complaint to name Krystina Janelle Mellard (“Defendant”) as Doe 1. On May 17, 2018, plaintiff filed a First Amended Complaint (“FAC”) against Garcia and Defendant. The FAC dropped any reference to the October 28, 2016 accident and instead alleged injuries arising from an October 28, 2015 car accident on the 210 freeway east of Citrus Avenue. Plaintiff dismissed Garcia on April 8, 2019. Plaintiff served Defendant on November 21, 2019. Trial is set for July 15, 2020.
Defendant demurs to the FAC on the grounds that the action is barred by the statute of limitations.
II. DISCUSSION
Defendant argues that Plaintiff’s FAC is untimely because Plaintiff alleges the accident occurred on