PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Timing
.........Statute of Limitations
7 Cards On This Topic:
  • Upon plaintiffs' motion for a new trial, court properly reversed summary judgment in favor of defendant doctor where there was a dispute when patient experienced appreciable harm triggering the statute of limitations.
  • Defendant's motion for summary judgment properly granted where plaintiff's action for misappropriation of trade secrets was brought after the three-year statute of limitations.
  • SJ properly granted to defendant-county sheriff where plaintiff was estopped from arguing defendant failed to give her warning that her claim was untimely.
  • Cause of action against accountant for failure to purchase insurance with a policy limit as specified did not accrue when plaintiffs discovered mistake, but when plaintiffs received the lesser insurance benefit.
  • Summary judgment properly granted where plaintiffs were on inquiry notice of their claims more than three years before their complaint was filed; inquiry notice does not require knowledge of all facts necessary to articulate the wrong.
  • Statute of limitations on plaintiffs' claims began to run when damages were ascertainable, even if future events might affect their amount or permanency.
  • Regardless of plaintiff's subjective intent, letter to hospital was a notice of intent to sue under CCP §364; attorney's second letter was surplusage.