Winston v. Taylor
Plaintiff, acting in propria persona, appeals from separate judgments dismissing her negligence (toxic mold) action against defendants. The dismissals followed sustaining of defendants’ demurrers to plaintiff’s third amended complaint, due to plaintiff’s failure to allege when injury occurred, so as to avoid a statute of limitations problem apparent on the face of the complaint. Plaintiff contends she was entitled to file a fourth amended complaint without leave of court under Code of Civil Procedure section 472 (undesignated statutory references are to the Code of Civil Procedure). Plaintiff alternatively contends she should be allowed leave to amend. Court concluded that the trial court correctly sustained defendants’ demurrers to the third amended complaint, but plaintiff should be granted leave to amend.
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