Calhoun v. Roca CA6
Appellant Calhoun appeals an order sustaining a demurrer without leave to amend his claim of professional negligence against respondent Roca, a licensed structural engineer who prepared plans and calculations for Calhoun’s residence. The trial court concluded Calhoun’s claim was time-barred, finding that Calhoun had failed to timely file the certificate of merit required by Code of Civil Procedure section 411.35. The trial court also decided this defect could not be cured by amendment to the complaint.
On appeal, Calhoun contends the trial court erred as a matter of law and raises a number of arguments challenging its conclusion that his claim is time-barred. Calhoun argues that his original complaint substantively complied with section 411.35, the accrual date for his claim was July 2017 (not May 2017, as found by the trial court), and the equitable doctrines of estoppel and fraudulent concealment apply to defeat Roca’s statute-of-limitations defense.
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