Juarez v. Ramirez
After Angel Juarez twice unsuccessfully attempted to enforce a stipulation for entry of judgment between Agustin Ramirez and Horacio Ramirez (collectively, Ramirezes) on the one hand and Juarez on the other, filed in 2000, Juarez filed a new complaint in 2011 against the Ramirezes for breach of contract, open book account, and account stated based on the stipulation. Thereafter, the trial court sustained the Ramirezes’ demurrer to the complaint on the basis that it was barred by the statute of limitations. Juarez appeals, contending that the cause of action for breach of contract was not barred by the statute of limitations because the parties made oral modifications that extended the term for performance of the stipulation until 2009 when a payment was made pursuant to the modifications, or until 2010 when Juarez was terminated as the manager of the Ramirezes’ band, Los Caminantes (band). Juarez also argues that the modifications did not need to be in writing because eight partial payments constituted executed oral agreements and the oral modifications fell outside the statute of frauds. Juarez further contends that the causes of action for open book account and account stated were not barred by the statute of limitations because the Ramirezes’ continued payments “gave rise to an executed oral agreement.†Juarez finally argues that because he can amend the complaint to allege valid causes of action, the court erred in sustaining the demurrer without leave to amend. We conclude that the complaint was barred by the statute of limitations and that the court did not abuse its discretion in sustaining the demurrer without leave to amend. We affirm the judgment.
Comments on Juarez v. Ramirez