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Statute of Limitations › California

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Nossaman LLP

When Restorative Waters Meet Flying Projectiles: Inverse Condemnation Claims in Ukiah

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The contours of inverse condemnation liability are often tested by creative California plaintiff’s lawyers. In an opinion earlier this year, one Northern California Federal Court dealt with a novel lawsuit in which the Vichy...more

Lewitt Hackman

Franchisor 101: A Franchise Nondisclosure Document

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A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer....more

Goldberg Segalla

California Jury Returns Defense Verdict in Asbestos Pipe Trial Featuring Kidney Cancer Claim Preclusion

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Court: Superior Court of California, County of Alameda - On June 15, 2023, plaintiffs Alvarino and Dianna J. DaSilva first filed an asbestos action in the Alameda County, Calif., Superior Court, alleging that Alvarino DaSilva...more

Downey Brand LLP

Indispensable Party: First District Rules Petitioner’s Failure to Join Real Party in Interest Necessitates Dismissal of Action

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In Citizens for a Better Eureka v. City of Eureka (2025) __ Cal. App. 5th __, the First District Court of Appeal affirmed a judgment dismissing a CEQA action that challenged an approval for the redevelopment of a City of...more

Miller Starr Regalia

First District Affirms Judgment Dismissing CEQA Action Based On Petitioner’s Failure To Join Indispensable Real Party Developer...

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In an opinion filed May 14, and later ordered published on June 11, 2025, the First District Court of Appeal (Div. 3) affirmed a judgment dismissing a CEQA action challenging an approval for a City parking lot...more

JUSTICENTER

How Long After a Hit-and-Run Accident Can You Be Charged?

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Hit-and-run accidents are taken seriously in California. Leaving the scene of a crash without stopping can lead to criminal charges, even if the damage seems minor. If you’re involved in a hit-and-run in Sherman Oaks or...more

Seyfarth Shaw LLP

PAGA Paraphrased – Osuna v. Spectrum Security Services, Inc.

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The Second District Court of Appeal held that, under the pre-reform PAGA statute, an individual employee need not have been employed or experienced a Labor Code violation during the one-year PAGA limitations period to have...more

Maison Law

Special Considerations for California Accident Claims Involving Commercial Vehicles

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Although data doesn't exist for all commercial vehicle crashes, the Federal Motor Carrier Safety Administration's Crash Statistics database shows that some vehicles commonly used for commercial purposes, such as buses and...more

Fishman Haygood LLP

U.S. Ninth Circuit Reinstates Product Liability Action that Had Been Dismissed on Statute of Limitations Grounds

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The U.S. Ninth Circuit Court recently revived a medical device lawsuit (Bennett v. C.R. Bard)1 centered on a fact issue regarding the plaintiff’s knowledge of a product defect as the cause of his condition. The case shines...more

Orrick, Herrington & Sutcliffe LLP

District court grants partial CFPB win in credit reporting case

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On May 5, the U.S. District Court for the Central District of California granted in part and denied in part a motion to dismiss filed by the defendant, a consumer reporting agency, in a case brought by the CFPB in January...more

CDF Labor Law LLP

PAGA Tactic Denied by Cal. Court of Appeal: Plaintiff Who Voluntarily Dismissed PAGA Claims Could Not Invoke Death Knell Doctrine...

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Last week, in Chavez v. Hi-Grade Materials Co., the California Court of Appeal took up a novel jurisdictional question: Can a putative class action plaintiff unilaterally ring the death knell for the entire class and create...more

JUSTICENTER

What Happens If I Get Hurt at Sherman Oaks Castle Park?

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Sherman Oaks Castle Park is a popular spot in Encino for mini golf, arcade games, and batting cages. While it’s a family-friendly destination, accidents can and do happen. After an injury, victims may not understand all of...more

ArentFox Schiff

A PAGA Plaintiff Must Allege a Timely Individual Claim

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A California Court of Appeal recently held that an employee bringing a claim under the Private Attorneys General Act (PAGA) must be able to allege that he personally suffered a Labor Code violation within the applicable...more

CDF Labor Law LLP

PAGA Update: Cal. Court of Appeal Confirms PAGA Plaintiffs Must Have a Timely Individual PAGA Claim

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In a decision with important implications for many pending Private Attorneys General Act (PAGA) lawsuits, a California Court of Appeal upheld the dismissal of a representative PAGA action as untimely because the plaintiff did...more

Seyfarth Shaw LLP

PAGA Paraphrased – Williams v. Alacrity Solutions Group, Inc.

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PAGA claims brought under pre-reform PAGA must be brought within one year of a Labor Code violation experienced by the plaintiff and because a PAGA claim necessarily has both an individual and a non-individual component,...more

Maison Law

Why You Shouldn't Wait to File a Personal Injury Claim after a California Car Accident

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Speeding, distracted or drunk driving, and other kinds of negligence frequently lead to catastrophic car crashes in California. In fact, in 2024 the state saw more than 18,000 injury and fatality causing car accidents. When...more

JUSTICENTER

How Hard Is It To Win a Personal Injury Lawsuit?

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Outside of small claims court, personal injury lawsuits can be difficult to win. Even in small claims court, you might not find an easy road to victory. Certain types of cases, such as product liability cases and medical...more

Sunstein LLP

Trade Secret Rights May be Lost Because of A Failure to Review a Competitor’s Prior Art Patent Applications

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A recent decision from a California federal district court should make patent prosecutors and their clients more alert when looking at recent prior art references: they may refer to patent applications filed by competitors...more

Maison Law

Avoiding Common Mistakes When Filing a Personal Injury Claim in California

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Filing a personal injury claim can be challenging, especially in a state full of unusual laws like California. Each year thousands of Californians seek compensation for injuries and accidents. California has specific laws,...more

Maynard Nexsen

Lessons in Limitation – Contractual Limitations Provisions as a Basis for Summary Judgment

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In recent weeks, our firm obtained summary judgment under a contractual limitations provision that the plaintiff-insured argued had been equitably tolled due to the insurance carrier’s conduct. Although the good guys won, the...more

Maison Law

Who Can Make a Wrongful Death Claim in California?

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There are several types of circumstances that can result in a wrongful death claim being filed in California, and one or more family members of the person who died could receive damages from the individual or organization...more

Downey Brand LLP

Sixth District Holds CEQA 30-Day Statute of Limitations Triggered by Local Agency’s Definition of “Final” Approval

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In Center for Biological Diversity v. County of San Benito (2024) 104 Cal.App.5th 22, the Court of Appeal held that the statute of limitations for two CEQA challenges did not begin to run until the Board of Supervisors had...more

Downey Brand LLP

CEQA Causes of Action Based on the Subdivision Map Act May be Subject to the Subdivision Map Act’s Statute of Limitations

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On October 21st, the Second District Court of Appeal published a decision in Santa Clarita Organization etc. v. County of Los Angeles (2024) 105 Cal.App.5th 1143 that addresses the question of whether a CEQA challenge to an...more

Maison Law

Recovering Lost Wages After a California Car Accident

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In California, if someone else was at least partially at fault for a car accident that you were involved in, you can receive compensation for lost wages. The reason for this is because lost wages are included in the...more

Miller Starr Regalia

In Writ Action Attacking Vesting Tentative Map Approval, Second District Holds Plaintiffs’ Failure to Comply With Subdivision Map...

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In a published opinion filed October 21, 2024, the Second District Court of Appeal (Div. 7) reversed a judgment entered after the trial court granted without leave a real party developer’s motion for judgment on the...more

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