Howard

INTRODUCTION

This is an appeal of a judgment after the trial court sustained a demurrer to the plaintiff’s first amended complaint as untimely. The court determined that, when the plaintiff commenced her action in 2019, more than one year had passed since her causes of action accrued under section 340.6 of the Code of Civil Procedure1—the limitations period the parties agree applies. We are asked to consider whether the demurrer record supports such a determination. We find that it does. Some of the key facts underlying the plaintiff’s claims were alleged in a complaint against the plaintiff and defendants here in a separate action in 2017. Other key facts include that the plaintiff was sued in that action and was unable to easily dispose of it. Under the circumstances, including the plaintiff’s access to discovery in the separate action and the fact that she was represented in that action by independent counsel, there is no room for reasonable disagreement that plaintiff’s causes of action accrued more than one year before she sued the defendants. Accordingly, we affirm.

BACKGROUND2

Plaintiff and appellant Meighan Howard is the daughter of John Leroy Howard, M.D. (Dr. Howard)…