Murphy v. Quillin & Grant
In this breach of contract lawsuit, a first amended complaint brought by plaintiffs and appellants Campion Murphy and Faith Ford Murphy against defendants and respondents Lexington Financial Management, LLC, Gettleson, Witzer & Co., Harvey Gettleson, and Larry Witzer was dismissed following the sustaining of respondents demurrer without leave to amend.[1] Appellants appeal the judgment, arguing that the trial court erred when it found their claim was time-barred.
Court conclude that because appellants had notice of respondents alleged breach of contract more than two years before their complaint was filed, their claim was barred by the statute of limitations. (Code Civ. Proc., 339.) The trial court properly sustained respondents demurrer; the judgment is affirmed.
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