What is the test for a demurrer to proceed on the basis of the statute of limitations?

California, United States of America


The following excerpt is from Renfro v. Kai-Lieh Chen, F076083 (Cal. App. 2020):

Under section 430.30, subdivision (a), when "any ground for objection to a complaint ... appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading." 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. (Cochran v. Cochran (1998) 65 Cal.App.4th 488, 493.)

Generally, an order sustaining a demurrer on statute of limitations grounds is subject to de novo review on appeal. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42.) The untimeliness of the lawsuit

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