Case Number: BC601155 Hearing Date: February 13, 2019 Dept: 2

Defendant Jesus Reyes’ Demurrer is SUSTAINED without leave to amend.

Plaintiff Abraham Espinoza (“Plaintiff”) alleges that on November 14, 2013, while Plaintiff was legally and lawfully near 11137 Arminta Street, Sun Valley, CA, Defendants’ unrestrained dog viciously and repeatedly attacked Plaintiff. (hereinafter “Sun Valley Incident.”) Plaintiff filed his initial Complaint on November 13, 2015. The Sun Valley action was litigated revolving around the foregoing incident for nearly three years.

On October 25, 2018, Plaintiff filed the operative First-Amended Complaint (“FAC”), asserting claims for: (1) Personal Injuries; (2) Strict Liability; (3) Negligence; and (4) Negligent Infliction of Emotional Distress. Defendant Jesus Reyes (“Reyes”) was named in this action on October 26, 2018, when a fictitious name amendment was filed adding him to the case. In the FAC, Plaintiff alleges that on November 14, 2013 at 11442 Saticoy Street, North Hollywood, CA, Plaintiff was viciously attacked by Defendants’ dog (hereinafter the “North Hollywood Incident.”)

On January 9, 2019, Reyes filed the instant Demurrer to the entire FAC. Reyes demurs to the entire FAC on grounds that the FAC is time-barred by the statute of limitations.

Request for Judicial Notice

Reyes requests that this Court take Judicial Notice of Plaintiff’s Complaint filed by Abraham Espinoza on November 13, 2015, Case No. BC601155. (“Exhibit A.”). This request is GRANTED pursuant to Cal. Evid. Code §452.

Demurrer

Defendants’ unopposed Demurrer is well-taken on the merits. The statute of limitations for personal injury tort claims is two years after the date of the occurrence. Cal. Code Civil Procedure §335.1 Here, the FAC alleges that the North Hollywood Incident occurred on November 14, 2013 (FAC ¶¶3,13), therefore falling outside of the applicable statute of limitations.

Further, the relation-back doctrine is inapplicable. The FAC asserts a separate and distinct underlying incident (See Barrington v. A.H. Robins Co. (1985) 39 Cal.3d 146, 151.). Reyes did not have adequate notice of the claim based on the original pleading (See Scholes v. Lambirth Trucking Co. (2017) 10 Cal.App.5th 590, 599.). Plaintiff’s delay in amending the Complaint further defeats any application of the relation-back doctrine. (See Okoro v. City of Oakland (2008) 142 Cal.App.4th 306, 313; Smeltzley v. Nicholson Mfg. Co. (1977) 18 Cal.App.3d 932.)

Based on the foregoing, Plaintiff’s claims fail as to Defendant Reyes. Accordingly, Defendant Jesus Reyes’ Demurrer is SUSTAINED without leave to amend.

Moving party ordered to give notice.