Can an action for wrongful dismissal be brought after the statute of limitations has expired?

California, United States of America


The following excerpt is from Berube v. Homesales, Inc., H041422 (Cal. App. 2015):

" ' "Equitable estoppel, . . . comes into play only after the limitations period has run and addresses . . . the circumstances in which a party will be estopped from asserting the statute of limitations as a defense to an admittedly untimely action because his [or her] conduct has induced another into forbearing suit within the applicable limitations period." ' " (Lantzy v. Centex Homes (2003) 31 Cal.4th 363, 383.) Thus, under the doctrine of equitable estoppel an action filed after the limitations period has expired may proceed " '[w]here the plaintiff is unaware of the identity of the wrongdoer and this is

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