Can a plaintiff continue to sue for damages for a continuing violation of the California Civil Code of Civil Procedure?

California, United States of America


The following excerpt is from Brumfield v. Choi, E066190 (Cal. App. 2017):

Renter contends her case is not time-barred because the criminal prosecution was a continuing violation. "[T]he theory of continuous accrual . . . is a response to the inequities that would arise if the expiration of the limitations period following a first breach of duty or instance of misconduct were treated as sufficient to bar suit for any subsequent breach or misconduct; parties engaged in long-standing misfeasance would thereby obtain immunity in perpetuity from suit even for recent and ongoing misfeasance." (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1198.)

Other Questions


What is the limitation period for a plaintiff to bring a claim for damages under the California Civil Code of Civil Procedure? (California, United States of America)
Does the California Supreme Court have any authority or authority to amend or amend a section of the California Statutory Code of Civil Procedure to make it easier for a plaintiff to sue for damages? (California, United States of America)
What is the test for determining whether a plaintiff is entitled to sue for damages under the California Civil Code of Civil Procedure Act? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
Does a defendant have a right against double jeopardy when he is convicted of two counts of violating section 148 of the California Civil Code of Civil Procedure? (California, United States of America)
What is the test for a defendant to appeal against the California Supreme Court's finding that the California Civil Code of Civil Procedure is unconstitutional? (California, United States of America)
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process? (California, United States of America)
Does a plaintiff have standing to bring an action for a breach of section 1090 of the California Civil Code of Civil Procedure? (California, United States of America)
What is the test for determining whether the California Civil Code of Civil Procedure applies to plaintiffs action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.