Chen
Chen v. Jordan CA4/1
Opinion
Opinion
INTRODUCTION
Lisbeth Jordan, as personal representative of the Estate of Stephan Jordan
(Jordan); LRDB, LLC (LRDB); and Rebuilding America, Inc. (Rebuilding America)
(collectively, appellants) appeal from a judgment in favor of Neng-Guin Chen.
Appellants contend the trial court erred by denying their motion for judgment because
Chen's claims are facially time-barred and she has not and cannot plead the applicable
statutes of limitations were tolled. Alternatively, appellants contend the court erred by
denying their motion to vacate the judgment on the same ground, or by denying it as to
Jordan and Rebuilding America on the ground they were not parties to the agreement
underlying the litigation.
We agree the court erred by denying appellants' motion for judgment on the
pleadings. As Chen has not demonstrated she can amend her complaint to overcome the
pleading deficiencies, we remand the matter to the trial court with directions to enter
judgment on the pleadings for appellants. Given our conclusion, we need not address
whether the court also erred by denying appellants' motion to vacate the judgment.1