Estes

FACTS

Because this appeal turns entirely on the procedural history of the case, we will provide only a brief summary of the facts alleged in the complaint. The complaint asserts causes of action for negligence and intentional infliction of emotional distress. Plaintiff Josephine Estes (Estes) alleges she was harassed, intimidated, and physically assaulted by employees of defendant Toyota of Huntington Beach (Toyota HB). The physical assault allegedly occurred on June 2, 2018. It is unclear what relationship Estes had with Toyota HB, though the complaint suggests that she was a customer. The parties are in agreement that a two-year statute of limitations applies to these claims. (See Code Civ. Proc., § 335.1.)

2 In May 2019, Estes, filed a complaint against Toyota HB, case number 30- 2019-01068705 (the 2019 complaint). Toyota HB’s demurrer was sustained with leave to amend. Estes, acting in pro per, but with the assistance of an attorney, opted not to amend the complaint and instead filed a dismissal without prejudice in September 2019. Although that complaint is not in our record, there was sworn testimony below that the facts alleged in the 2019 complaint were the same as the…