Noval

facts sufficient to constitute a cause of action. The court, apparently exasperated with the plethora of proceedings, sustained the demurrer without leave to amend, on the basis of the statute of limitations—a ground not raised in the demurrer. Hector appeals from the judgment of dismissal as to Lourdes following the sustaining of the demurrer. He also appeals from a postjudgment order dismissing the complaint as to defendants who had not been served, which would include Tania and Victor. He argues, inter alia, that the court had no right to raise the statute of limitations sua sponte. We agree. However, “‘[w]hen a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of action on any theory. [Citations.]’” (Stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 Cal.App.4th 303, 309.) Here, we cannot conclude that Hector failed to allege facts sufficient to state a viable cause of action. We reverse. I

FACTS

A. Allegations of Complaint: In his complaint, Hector alleged the following:

We refer to the parties by their first names for ease of reference. We mean no disrespect. (In re Marriage of Balcof (2006) 141…