California  |  Civil Litigation

Legal Question

Asked on: 4/29/13, 8:48 pm

I filed a Breach of Written Contract (almost 4 years later) case against my HOA, cause I tripped and fell and broke my arm, in a poorly maintainened uneven sidewalk, in spite of me paying them monthly dues.

Defendant demurred and stated that Im only seeking Personal Injury damages and and the 2 years statute of limitations (for Personal Injury) bars me for bringing this action, since I filed this case 3 years, 11 months later.

I requested in the complaint that I want General, and Special Damages of $30,000, for my injury.

In my opposition to their demurrer, can I state that the Special Damages consists of refund of my monthly contractual dues with interest, for them not honoring the written contract, and that if given leave to amend, I will insert that, to specify what the Special Damages are, that way I can show them that Im not only seeking personal injury damages and I can have their demurrer overruled?

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