State Farm Mutual Automobile Co. v. G & K Automotive Conversion
Defendant G & K Automotive Conversion, Inc., demurred to plaintiffs State Farm Mutual Automobile Insurance Companys first amended complaint on grounds each claim in the complaint was barred by the statute of limitations. The court sustained the demurrer without leave to amend, ruling the delayed discovery and fraudulent concealment rules did not toll the statute of limitations. By sustaining the demurrer without leave to amend, the court found as a matter of law that no reasonable person could conclude plaintiff diligently investigated its claim or reasonably relied on defendants misrepresentations. Court disagree and reverse.
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