Are plaintiffs barred from bringing a claim against Shinefield for misrepresentation and concealment?

California, United States of America


The following excerpt is from Tozzi v. Shinefield, A125872 (Cal. App. 2011):

Shinefield contends plaintiffs' claims against him are barred by two different statutes of limitations: Code of Civil Procedure sections 338, subdivision (d) [three-year statute for fraud and concealment], and 339, subdivision 1 [two-year statute for nonpersonal injury negligence].) (See also Ventura County Nat. Bank v. Macker (1996) 49 Cal.App.4th 1528, 1530-1531 [two-year statute for negligent misrepresentation].)11He contends that plaintiffs' causes of action accrued in July 2002, when plaintiffs became suspicious about the competing offer for the property. (We observe that at no point in the third amended complaint did plaintiffs specifically allege they were ever "suspicious" with respect to the purported second offer.)

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