Chen

Chen v. Jordan CA4/1

Good Law
Court of Appeal of CaliforniaDecember 24, 2014D064717California2,084 words

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

BACKGROUND

Chen, a licensed real estate agent,…

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