Beth Golub (Partner-San Diego, CA) and Clara Roberts (Associate-San Diego, CA) prevailed on a demurrer to an amended complaint on behalf of a global technology company. The demurrer was sustained without leave to amend based upon successful arguments that the statute of limitations barred the first amended complaint. The plaintiff timely filed the original complaint, then voluntarily dismissed claims against the client while maintaining claims against a third-party codefendant.  Plaintiff argued that because they timely filed a motion for leave to file the amended complaint, the court had “approved” the dilatory amended complaint. The court sustained the demurrer without leave to amend because there is no reasonable possibility to cure such a defect.