Barnes v. Larson
Plaintiff appeals from the judgment entered in favor of defendant and respondent Timothy A. Larson after the trial court sustained a demurrer to Barnes's second amended complaint without leave to amend on the basis that the complaint was barred by the statute of limitations. Appellant argues the trial court: (1) erred in sustaining the demurrer, because the statute of limitations was tolled under Code of Civil Procedure section 340.6, subdivision (a);(2) abused its discretion in denying his motion to strike the demurrer in that the demurrer was not timely filed; and (3) abused its discretion by refusing to reconsider its ruling sustaining the demurrer and by refusing to allow Barnes to file a third amended complaint.
Court hold that each of the causes of action was time barred and the demurrer was properly sustained. Court further hold the trial court did not abuse its discretion by denying the motion to strike the demurrer, and Barnes has forfeited the issue of leave to file a third amended complaint by failing to brief the issue on appeal. Accordingly, the judgment is affirmed.
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