Can defendants raise the statute of limitations in a personal injury action?
California, United States of America
The following excerpt is from Jensen v. Royal Pools, 121 Cal.Rptr. 805, 48 Cal.App.3d 717 (Cal. App. 1975):
The only justification for permitting defendants to raise the statute of limitations would be prejudice. In Klopstock v. Superior Court, Supra, 17 Cal.2d 13, 108 P.2d 906, three brothers were the directors and sole shareholders in a corporation. One brother died, appointing his wife as coexecutor. Then the wife died, and plaintiff was appointed executor of her [48 Cal.App.3d 722] will. (17
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