Legal Question in Appeals and Writs in California
If a complaint was denied due to a demurrer, based on alleged judicial admissions, can new evidence be presented on appeal, for the purpose of defending the impossibility of the alleged judicial admission. Such as physical evidence, which would not have been part of the complaint, but proves the error.
The issue has to do with a statue of limitation of one year in a property insurance policy with California Fair Plan and tolling beyond the limitation period.
Asked on 10/26/11, 10:36 pm
1 Answer from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
No. But your appellate attorney can argue that the alleged judicial admissions should not have been considered on demurrer.
Answered on 10/26/11, 10:56 pm
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