Vaca

Vaca v. Wachovia Mortgage Corp.

Good Law
129 Cal. Rptr. 3d 354·198 Cal. App. 4th 737·2011 Cal. App. LEXIS 1100
Court of Appeal of CaliforniaJuly 25, 2011No. G044107California2,944 words

Opinion

Lead Opinion

Ikola, J.

*740 Opinion

Plaintiff Ligia Jaqueline Vaca, as trastee of the trust for the benefit of the minor children Martin Hinojosa, Paula Hinojosa and Pamela Hinojosa, appeals from a judgment entered after the court sustained a demurrer to her complaint without leave to amend. The court found plaintiff’s claims were time-barred.

We agree and affirm. The complaint shows plaintiff’s fraud and related causes of action accrued by June 2005. The limitations periods expired no later than June 2008 and June 2009, but she did not file this suit until July 2009. Plaintiff fails to allege any continuing wrong that would have delayed the start of the limitations periods. And while plaintiff does allege defendants’ identities 1 were fraudulently concealed, defendants are not equitably estopped from asserting the statute of limitations—plaintiff discovered their identities at least one year before the limitations periods expired.

FACTS

The Second Amended Complaint

Plaintiff commenced this action in July 2009. After the court sustained demurrers to the initial complaint and a first amended complaint, plaintiff filed a second amended complaint. She asserted causes of action for aiding and abetting…

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