Aldridge v. Perez-Estrada CA4/3
Plaintiff Julie Aldridge appeals from a judgment following an order sustaining a demurrer filed by defendant Pedro Perez-Estrada without leave to amend. Perez-Estrada’s demurrer argued: (1) the operative complaint which named him as a Doe defendant did not relate back to the filing date of the original complaint and was barred by the applicable statute of limitations, and (2) the negligence cause of action against him fell outside the scope of the prelitigation claim Aldridge had filed with the County of Orange (County) under the Government Claims Act (Gov. Code, § 810 et seq.). The court agreed the operative complaint did not relate back and was barred by the statute of limitations. Thus, the court did not rule on the alternative argument that the negligence cause of action was outside the scope of the prelitigation claim.
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