PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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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.