DOHENY PARK TERRACE HOME-OWNERS ASS'N., INC. v. Truck Ins. Exchange

Good Law
132 Cal. App. 4th 1076·2005 Cal. App. LEXIS 1469·2005 Daily Journal DAR 11531·34 Cal. Rptr. 3d 157·2005 Cal. Daily Op. Serv. 8450
Court of Appeal of CaliforniaSeptember 19, 2005B174036California8,955 words

Opinion

Opinion

Croskey, J.

Plaintiff Doheny Park Terrace Homeowners Association, Inc. (Doheny Park), appeals from the trial court’s order dismissing its first amended complaint. The defendant, Truck Insurance Exchange (Truck), had demurred to Doheny Park’s pleading and the trial court sustained that demurrer without leave to amend. The trial court concluded that Doheny Park had not filed its action within the two-year contractual limitation period specified in Truck’s policy, or during the revival period established by Code of Civil Procedure, section 340.9. In addition, Doheny Park had failed to plead facts sufficient to establish a basis for application of the doctrine of equitable estoppel precluding Truck from asserting a limitations defense.

We have reviewed the record, including Doheny Park’s first amended complaint, and concur with the trial court that Doheny Park did not timely file its action, either within the original two-year period or during the one-year statutory revivor. We disagree, however, that it failed to plead sufficient facts to raise the bar of equitable estoppel. We will, therefore, reverse and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Doheny Park…

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