Demurrer california statute of limitations Zadig, 171 Cal. CMC; Demurrer Tentative Ruling. ⁠6 The law that sets the deadline for when a lawsuit must be filed is called a statute of limitations. A demurrer may also address misjoinder or nonjoinder of parties, involving the improper inclusion or exclusion of parties. The case of Pike v. g. Dec 21, 2024 · Additionally, a demurrer may challenge the complaint based on the statute of limitations, asserting that the time period for initiating the lawsuit has expired. 6 one year limitations period. [1] It appears necessary to say again what we have said repeatedly: On appeal from a judgment sustaining a demurrer [193 Cal. ” (Id. 8 II. Mar 11, 2013 · This demurrer is brought to the Second, Third, Fifth, Sixth, Seventh and Eighth Causes of Action of plaintiff’s Second Amended Complaint as each and every cause of action therein fails to state facts sufficient to constitute a cause of action, pursuant to Code of Civil Procedure section 430. It must appear affirmatively that, upon the facts stated, the right of action is necessarily barred. First, the three-year statute of limitations under California Code of Civil Procedure section 338 had run as to the negligence counts. Id. . The trial court sustained the demurrer without leave to amend and dismissed the cross-complaint as against the estate and its personal representatives. Learn the purpose and structure of a demurrer, the grounds for bringing one, and the court's decision-making process, as well as the meet and confer requirement in California. a technical or procedural, rather than a substantive, termination. Jan 1, 2023 · (1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. More than two years after the automobile accident, Trindade filed a cross-complaint against the plaintiff for personal injuries arising from the accident. Nguyen brought an untimely legal malpractice claim, relying on the tolling provision of Code of Civil Procedure Section 340. 5. Jun 18, 2009 · In support of their demurrer to the complaint, Rinker and Miller asserted that Civil Code section 1791. 3d 713] court sustained the ex-husband's demurrer without leave to amend, upholding the contention that the action was barred by Code of Civil Procedure section 338, subdivision 4, the three-year statute of limitations, upon "an action for relief on the ground of fraud or mistake. The corporate defendants demurred on the ground that the claims were barred by the statute of limitations. The demurrer was sustained and plaintiff appealed, contending that the statute of limitations was tolled from the date of the filing of the first action until four years later when the corporate defendants were dismissed from the action. For example, the time for filing certain initial pleadings under the California Environmental Quality Act is 30, 35, or 180 days (Pub. 273 , upon which appellant relies does not sustain him. For example, wage and hour claims, such as unpaid wages, meal and rest break violations, and overtime pay issues, generally have a three-year statute of limitations. 5)] is overruled because plaintiff sufficiently alleges a violation of Labor Code sec. " Plaintiff appeals from the judgment of We would like to show you a description here but the site won’t allow us. [7] In criminal cases in California, the statute of limitations is a substantive rather than a procedural right; a conviction based on acts occurring outside the statutory period is invalid; even if such conviction is based on a guilty plea, it is subject to attack if the charge was originally barred by the applicable limitation period. 1 of the Code of Civil Procedure, when suing a public or governmental entity for personal injury, your statute of limitations is significantly shorter. 515, the court sustained a demurrer on grounds that the constitutionality of Penal Code § 647(d) had been adjudicated as unconstitutional (back then). Barnhart, 49 Cal. ” (Cal. However, there is a limited, but important, exception to this rule, allowing arbitration to be commenced by a client, after the statute of limitations would otherwise have expired, if it follows the filing of a civil action by the attorney. Feb 16, 2023 · A plaintiff cannot be successful in a lawsuit if they failed to file it on time. Intervener simply was not obligated to file its complaint by August 4, 1984. 3, Actions §§ 430 et seq California Jurisprudence 3d KFC 80 . L. Section 1367(d)[the Federal Tolling Statute] specifies that 4 the statute of limitations for a state claim over which the federal court The Harveys stated two grounds in their demurrer to the Postleys' amended cross-complaint. 41. Jan 13, 2024 · Violent felony offenses typically have longer statutes of limitations, and Penal Code 187 PC murder has no statute of limitations. 6(a)). 3, as well as Probate Code section 16061. 110). It is not sufficient that the complaint might be barred. Carlson's demurrer raised the four-year statute of limitations for a written contract. This appeal follows. v. (a)) and two years for an oral contract (§ 339, subd. Statute of Limitations. 4th 488, 493. (Heieck & Moran v. ” (Dominguez v. 2. Legal Discussion. If, in the case before us plaintiff had alleged in his second count that defendant had become indebted to him prior to June 10, 1946, it is plain that a demurrer based upon the statute of limitations would have to be sustained. Standard for Demurrer 17 Objection to a complaint via demurrer is sustainable if “[t]he pleading does not state facts 18 sufficient to constitute a cause of action. The trial court sustained that demurrer without leave to amend and rendered an order of dismissal. Pelletier runs the appellate and writing department at Kazan, McClain, Satterley and Greenwood in Oakland. 1 limitation prior to filing a federal action, to refile in state court. ” Code Civ. Accordingly, because plaintiff sjudicially-noticeable interrogatory responses Thus, the cases establish that if the state were a private party (1) the defendants' equitable indemnity actions against the state would not be precluded simply because the plaintiff's action against the state was barred by the statute of limitations, and (2) the defendants' indemnity actions would not be deemed to accrue for statute of 6 the terms ofthe relevant leases and California law. 3. Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case. ) 12 Under the bar rule, a judgment due to a demurrer to potentially curable defects in the complaint’s allegations also is not on the merits. Webb Corp. FN1 The court sustained the demurrer without leave to amend. App. § 430. Kirwan (1985) 39 Cal. It remains to be seen how Rule 9 will be interpreted, and what impact, if any, it will have on California’s statute of limitations. The trial [61 Cal. 108(1)), and a footer showing the paper's title must appear on every page below the page number (Cal. Shing (2013) 212 Cal. fn. Fri, 01/26/2024 - 10:00 Nature of Proceedings. Defendants demur to the first cause of action on the basis that it is barred by the applicable two-year statute of limitations. 4th 801] demurrer to the cross-complaint based on the statute of limitations in section 366. Dated: _____ [redacted] A motion for a judgment on the pleadings is in the nature of a general demurrer. 37). The Demurrer will be based on this Notice of Hearing, the accompanying Demurrer and Memorandum of Points and Authorities, the Request for Judicial Notice filed concurrently herewith, the proposed order lodged herewith, and all pleadings and papers on file in the above-captioned action. ” (Blank v. The evidence shows, without conflict, that the plaintiff sought to recover judgment for deferred and unpaid monthly items of rental of a dairy ranch, pursuant to the terms of an oral lease, covering a period of five Order of Dismissal Shortly before the September 2017 date for a bifurcated trial on statute of limitations issues, respondents filed a trial brief asserting that Daley’s complaint was time-barred on two alternative grounds: (1) Daley’s claim was really for professional negligence, so the applicable statute of limitations was section 340. Bartalo contends that Rodriguez addressed itself to the issue of retroactivity and the statute of limitations where the court states on page 408 the following: "The solution of the majority of the other courts, which we adopt, is simply to declare that for reasons of fairness and sound administration a spouse will not be permitted to initiate Feb 24, 2021 · Los Angeles, California 90067 Tel. 6(a), and unsuccessfully arguing that she had a reasonable expectation that statutes in other states. Cochran (1998) 65 Cal. 2 A demurrer can be made 19 to an entire complaint or individual causes of action therein. Instead of two years, your deadline is in only six months. Under existing law, a party in a civil action may object to a complaint, cross-complaint, or answer by demurrer, thereby alleging that the pleading fails to state a claim or is otherwise defective. at p. Code §340(c). and Richard McWilliam ("Defendants") will and hereby do demur, pursuant to California Code of Civil Procedure section 430. ) A “cause of action accrues for purposes of the statute of limitations, and the applicable limitations period begins to run, when the plaintiff has suffered damages from a Jan 1, 2016 · Demurrer May Be Based On Defense Disclosed in Complaint. 3d 311, 318. Before a complaint is subject to a demurrer based on the statute of limitations it must appear from the face of the complaint that the cause is barred, not merely that it may be barred. C35 (Ready Reference) Vol. The trial court sustained a demurrer without leave to amend on statute of limitations grounds. 4 is a penalty statute. 3d 237, 244. Additional demurrer requirements can be found in CCP § 430. ) The demurrer is unopposed. Motion to Strike Ted Pelletier. Unjust enrichment is neither a cause of action nor a remedy. Timothy M. While you may be familiar with the two-year statute of limitations for personal-injury lawsuits under section 335. Demurrer OVERRULED. (Antioch College v. W45 Witkin’s California Procedure KFC 995 . 3d 837] Plaintiff allegedly was injured on or about October 23, 1971, while a patient at defendant Memorial Hospital of Southern California (Hospital). e. It is upon that background that the Club brought 7 its Demurrer. The demurrer and the motion to strike were heard at the same time and no objection was then made as to the manner in which the plea Respondents moved to have the case transferred to the Central District and in their supporting points and authorities asserted: "The demurrer [to the original complaint] was sustained primarily upon the ground that the reformation action was barred by the Statute of Limitations and that specific allegations of the reformation action controlled Apr 21, 2020 · Petitioner did not become aware of the NOE until after the 35-day statute of limitations period had run, but nevertheless filed a petition for writ of mandate, arguing that the Project was not exempt and that Caltrans should be estopped from relying on the statute of limitations. City of Alhambra (1981) 118 Cal. Defendants assert the general demurrer was well founded and that each count is vulnerable to the special demurrer. Second, the counts for indemnity and contribution failed to state a cause of action. App4th 1105, 1121-22. In overruling it, the trial court held that an action under Civil Code section 3412 to cancel “a wholly void instrument can be brought at any time,” i. Plaintiff does not dispute that breach of fiduciary duty claims are subject to the Code of Civil Procedure section 340. Jan 1, 2016 · Demurrer May Be Based On Defense Disclosed in Complaint. 30, to the pleading on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading. Ar by aer Umnn Oct 8, 2022 · However, if the demurrer is based on a violation of the statute of limitations, California Demurrer Laws (PC 1002 – 1012) PC 1002: demurrer as all factual allegations are assumed true, however improbable they may be. Rptr. 2d 639] to a complaint the allegations of the complaint must be regarded as true. 3d 155, 160-61 (1983)(internal quotations and Experience the most powerful legal research and analytics platform designed specifically for California practitioners. 4th 652, 662]. Engstrom Lipscomb & Lack (2014) 223 Cal. Statute of limitations expiration: The case does not fall within California’s time limit for filing. 2d 521. 1) For the reasons set forth below, we affirm the judgment. Dec 21, 2012 · Melrose Dr. Jul 25, 2001 · That complaint implicated title to real property, including Robertson's home, in Marin County, and her demurrer was based on statute of limitations grounds. Dec 23, 2015 · Effective January 1, 2016, SB 383 severely limits the use of demurrers in California through newly-enacted California Code of Civil Procedure § 430. Dec 8, 2023 · “A general demurrer based on the statute of limitations is only permissible where the dates alleged in the complaint show that the action is barred by the statute of limitations. 16 A. , § 340. 5] is overruled. [1] On appeal from a judgment entered upon an order sustaining a demurrer without leave to amend, the appellate court must accept the allegations of the complaint as true. Lack of personal jurisdiction: The defendant does not have sufficient minimum contacts in the jurisdiction where the lawsuit was filed. A motion for demurrer can also be filed The California criminal statute of limitations is generally one year for misdemeanors and three years for felonies. Statutes of Limitations, Ch. These defenses assert that the claim is not legally viable due to prior adjudications or the passage of time. 1102. (CT 44) Only the statute pleaded can be relied on in sustaining the demurrer. Because the statute of limitations is a public policy limitation on the government's ability to bring a charge, and also a jurisdictional limit contained in statutes, the motion can be brought at any time. (Zakaessian v. (Committee for Green Foothills v. R. (S 430. Plaintiff asserted that those statutes of limitations were inapplicable, and under section 1101 there was no applicable statute of limitations other than laches. STATUTE OF LIMITATIONS IN CALIFORNIA Introduction: Sometimes, in a demurrer, you argue that even if what the plaintiff says is true, they should lose because they did not meet a legal requirement. In overruling it, the trial court held that an action under Civil Code section 3412 to cancel "a wholly void instrument can be brought at any time," i. W58 (Ready Reference) Vol. ) Defendant’s demurrer addresses only the issue of statute of limitations. ’ There is an important qualification, however: ‘In order for the bar of the statute of limitations to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the In defendants’ view, the applicable statute of limitations were Code of Civil Procedure sections 366. I [2a] Plaintiff first contends that the trial court erroneously sustained defendant's demurrer on statute of limitations statute of limitations in Title 2 (commencing with section 312) of Part 2 of the Code of Civil Procedure. (1)). NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT An. City of Victorville (2013) 217 Cal. (Kapner v. statutes of limitation s on some causes of action can be for a much shorter time. The appellate court reversed, holding the cross-complaint was not time-barred. (1 981) 123 Cal. 50 (a). 5). In some cases, the statute of limitations is “tolled” (suspended), allowing the additional prosecution time to bring a case against someone. Oct 21, 2024 · For claims under the California Labor Code, the statute of limitations can vary depending on the type of violation. 10(e), to the Complaint filed by Plaintiffs. Rules of Court, rule 2. 2100. 8. For example, you could argue that the plaintiff should lose because they filed the lawsuit after the deadline (statute of limitations). This cause of action for promissory fraud is barred by res judicata and the statute of limitations. Resources Code, Jan 1, 2016 · Demurrer May Be Based On Defense Disclosed in Complaint. For good cause shown, the court may order the hearing held on an earlier or later day on notice prescribed by the court. Here, Defendants argue that ivil ode section 1942. ) A cause of action is Defendants' demurrer is based on the contention that the plaintiffs are barred from suit by the statute of limitations set forth in Code of Civil Procedure section 339, subdivision 1. 1 [64 Cal. Prior to joining the Kazan firm in 2013, he handled appeals and motions for over a decade through the Law Office of Ted W. Structural Materials Co. . (See Prakashashpalan v. Childs v. ) “A demurrer on the ground of the bar of the statute of limitations lies where it The motion for summary judgment was based on the action being barred by the statute of limitations (Code Civ. You may seek a one-year extension if you show good cause. This statute of limitations provision applies to ordinary negligence claims involving physical injury, as alleged here. (See, e. Jul 12, 2020 · The principle that the statute of limitations does not run against one in “possession” of property traces back to some of the earliest decisions by California courts. The plaintiff claims breach of contract as a cause of action for failure to make payments in 2016. Though for more serious cases, prosecutors have additional time to press charges. , is not subject to any statute California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Jan 1, 2016 · Demurrer May Be Based On Defense Disclosed in Complaint. Reversing, the appellate court held that “[t]ermination of an action by a statute of limitations is . The trial court sustained Ford’s demurrer to the complaint and dismissed the action without leave to amend based on the applicable statute of limitations. Casserly presiding, defendants The Upper Deck Company, Inc. 2d 171 [121 P. ) This being so, the pleading is sufficient so far as the statute of limitations is concerned. , Smith v. 43, Limitation of Actions Aug 6, 1970 · If, in the case before us plaintiff had alleged in his second count that defendant had become indebted to him prior to June 10, 1946, it is plain that a demurrer based upon the statute of limitations would have to be sustained. When the answer pleads that the action is barred by the statute of limitations, or by a prior judgment, or that another action is pending upon the same cause of action, or sets up any other defense not involving the merits of the plaintiff's cause of action but constituting a bar or ground of abatement to the prosecution thereof, the court may, either upon its own motion or upon the motion of The demurrer was sustained without leave to amend and judgment entered. (So v. ] The running of the statute must appear ‘clearly and affirmatively’ from the dates alleged. Thecourt noted that the Kolani 2 decision 3 ignores, and is inconsistent with, the plain meaning of the statutory language. ) The demurrer to cause of action 2 [wrongful termination in violation of public policy (Labor Code sec. ) Generally, an order sustaining a demurrer on statute of limitations grounds is subject to de novo review on appeal. Sep 28, 2022 · year statute of limitations. A demurrer on the ground of the bar of A demurrer on the ground of the bar of the statute of limitations does not lie where the complaint merely shows that the action may have been barred. Traditional Mandate – Statute of Limitations (S/L) No specific S/L for traditional mandate Look at substantive law raised by writ for possible S/L If special statutory writ of mandate, look whether it has S/L The most recent California decisions in point quote with approval a statement appearing in 8 A. Jan 1, 2007 · Demurrers must be set for hearing not more than 35 days following the filing of the demurrer or on the first date available to the court thereafter. Jan 1, 2023 · The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430. California criminal offense Criminal statute of limitations Most statute renders the complaint subject to a general demurrer”]; Watson v. Paragraph Two: Statute of Limitations If a statute of limitations is not raised by an appropriate pleading it is waived. Additional Requirements. ) Each of the challenged defenses are discussed below. Defendant again interposed a general demurrer to plaintiff's second amended complaint. (See p. Government Code § 900, et seq. For reasons more fully articulated below (1) the statute of limitations demurrers to the premises liability, battery, and gender violence causes of action will be overruled; (2) the general demurrer to the Ralph Act cause of action will be overruled; and (3) the general demurrer to the gender Jul 18, 2022 · Under FEHA, you have three years from the date of the wrongful act (or discovery of the wrongful act, whichever is later) to file a complaint with the DFEH. We would like to show you a description here but the site won’t allow us. 2d 229 [49 Cal. The applicable statute of limitations will depend on the type of lawsuit that is filed. The Bartalo court went on to demonstrate the point: "If a husband and wife were both injured in the same accident and the wife sued but the husband did not, the one-year statute of limitations would run on husband's cause of action, and if he tried to sue after the year had run defendant's demurrer that the claim was barred would be sustained. The Demurrer should be sustained for the reasons stated in the Club’s briefing. , the lines of the paper must be numbered consecutively (Cal. 10(e). Caselaw authority holds that a general demurrer may lie where plaintiff has included allegations that clearly disclose some defense or bar to recovery, such as the statute of limitations. Dec 21, 2024 · A demurrer can also be based on the claim being barred by an affirmative defense, such as the statute of limitations, res judicata, or collateral estoppel. Sep 11, 2019 · The statute of limitations for a breach of contract is four years for a written contract (§ 337, subd. Oct 12, 2024 · The FEHA statute of limitations changed on January 1, 2020, extending the time for employees to file a charge of discrimination to three years from the date of the discrimination, retaliation, or harassment. Pelletier, representing plaintiffs/consumers in cases involving many subject matters. Following the filing of the amended complaint joining for the first time Cox as a party defendant, he filed a demurrer, an answer and a motion to strike, all three pleading the bar of the statute of limitations. (Southern California Edison Co. : (310) 201-0005 Fax: (310) 201-0045 This Demurrer will be based upon this Notice, the Demurrer to the Complaint and supporting discovery but is sufficiently pled at this stage. > > Read More. Aug 19, 2017 · But how can I really use a demurrer to dismiss a cause of action barred by the statute of limitations if the complaint lies by 3-years? For example, this is a bill dispute going back to 2010-2013. 2 and 366. , Vista, California, the Hon. 2d 105]; Corman v. (See Del E. […] Jun 12, 2020 · Ford, 2020 DJDAR 4610, upholding the trial court's sustaining of a demurrer, without leave to amend, based on a statute of limitations defense. THE CLUB’S DEMURRER SHOULD BE SUSTAINED 9 A. Matthews (1881) 81 Cal. California laws mainly set a time limit for filing charges, along with That complaint implicated title to real property, including Robertson's home, in Marin County, and her demurrer was based on statute of limitations grounds. California Code of Civil Procedure section 340 requires that actions, involving “libel [and/or] slander,” must be brought “within one year. Resources Code, § 21167); 60 days for claims under the California Coastal Act (Pub. The Statutes of Limitations Have Not Been Sufficiently Tolled to Save Certain 10 of Vulcan . , is not subject to any statute of Mar 2, 1988 · Consequently, since the statute of limitations did not begin to run until on or about August 4, 1983, cross-complainants' premature filing of actions for indemnity on September 28, 1981, and August 2, 1982, protected intervener from the statute of limitations. Dec 4, 2020 · Demurrer to first cause of action (promissory fraud): Sustain without leave to amend. Rptr. 120 (holding that a quiet title claim brought after “many years” was not barred by the statute of limitations Issue: Under California law, can a demurrer be sustained when the complaint states causes of action under viable legal theories and a statute of limitations bar does not appear on the face of the complaint? Area of Law: Litigation & Procedure Keywords: Demurrer; Cause of action; Viable legal theories Jurisdiction: California Cited Cases: 118 Cal. Plaintiffs cause of action is predicated on a single The statute of limitations on a defamation or slander claim starts at the time of publication. 4th 218 Nov 6, 2024 · “‘The defense of statute of limitations may be asserted by general demurrer if the complaint shows on its face that the statute bars the action. 5 Dec 20, 2018 · City of Lafayette, Case No. For the most serious crimes such as rape and murder, there is no statute of limitations at all. (Cochran v. 3d 593, 604. The statute of limitations is a "ground for objection to a complaint" for purposes of this provision and, therefore, may be raised in a demurrer. The demurrer to cause of action 3 [wrongful termination in violation of public policy (Labor Code sec. 377, 411 P. Plaintiffs allege that, on or about August 15, 1960, they formed a partnership with the defendants by oral agreement. 1596. Meadowlark Ranch Assn. What is the statute of limitations for wrongful termination in California? In California, the statute of limitations for wrongful Further, a court in examining the sufficiency of a complaint should “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of law or fact. 4-D, Actions Involving Personal Pr operty Feb 7, 2018 · Lastly, being vigilant about California’s fraud statute of limitations is important, because the court’s application of the fraud three (3) year statute of limitations is not based on the defrauded person’s characterization of his or her claims against the defrauding party. 1, subdivision (c)-a provision of the Song-Beverly Act that defines the duration of the implied warranty of merchantability-is a one-year statute of limitations that bars Mexia’s claim. A154168, the California Court of Appeal upheld the trial court’s decision to grant a demurrer without leave to amend with respect to challenges to the substantive and procedural requirements of applicable planning and zoning laws, but reversed with respect to a challenge brought pursuant to CEQA, concluding that 6 days ago · Judicial Council of California Civil Jury Instructions (2025 edition) Download PDF. [Citation. The most common of those deadlines are listed in the table below. 3d 381, 280 Cal. Another example, more common, is that the statute of limitations to charge such an offense had run. Jun 11, 2021 · Statute of limitations California refers to the legal time a person or entity has to file a civil lawsuit against another. However, due to Covid19, Emergency Rule 9 was enacted, suspending all - statutes of limitations from April 6 to October,1 2020 (178 days). Proc. Superior Court (Caswell) (1988) 46 Cal. a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation. 6, subdivision (a) (hereafter section 340. State of California, 144 Cal. The defendant also pleaded, by means of his demurrer, and in his answer, that the cause was barred by the statute of limitations. Aug 11, 2020 · One common example in California state court is a motion to dismiss for violation of the statute of limitations. Unlike most other statutes of limitation, California’s FEHA statute of limitations effectively resets with each new violation. 232. 2d at page 166: "[W]here an action is brought against a corporation whereas it should have been brought against a partnership, or vice versa, an amendment substituting the proper party defendant after the statute of limitations has run is May 25, 2023 · Attorney-drafted papers filed in court must comply with the California Rules of Court, e. It also appears, as contended by appellants, that the California courts have consistently held that a demurrer which raises the defense that a statute of limitation bars the action cannot be sustained unless the facts alleged in the complaint show that the action is barred. App. duty committed in a prior federal lawsuit. Civ. Ted W. City of Modesto, 64 Cal. “Suits against a public entity are governed by the specific statute of limitations provided in the Government Code, rather than the statute of limitations which applies to private defendants. California Practice Guide: Civil Procedure Before Trial: Statutes of Limitations KFC 995 . The estate filed a [73 Cal. Demurrer to third cause of action (unjust enrichment): Overrule. State of California (1993) the meaning of the statute of limitations which would be Jan 26, 2024 · Hearing Date / Time. Statute of Limitations: Here, in its August 28, 2018 Order (the “Order”) on defendants’ prior demurrers, 11 the Court already adjudicated that Counts 2, 4, 5, 6, and 7 are all governed by a two-year statute 12 of limitations. (See Code Civ. gzmso llpyk wohthq mjv wzdo beauwqvw tjretb iddua hxqy wack olfz xhqi izbcxp wnll bagdhf