Does a plaintiff have to appreciate the legal significance of the facts in their cause of action before the statute of limitations is triggered?

California, United States of America


The following excerpt is from Cabot Ashtabula 22, LLC v. Jones Lang Lasalle Americas, Inc., G050627 (Cal. App. 2015):

appreciate the legal significance of the facts comprising his or her cause of action does not delay accrual of the statute of limitations. "[T]he uniform California rule is that a limitations period dependent on discovery of the cause of action begins to run no later than the time the plaintiff learns, or should have learned, the facts essential to his claim. [Citations.] It is irrelevant that the plaintiff is ignorant of his legal remedy or the legal theories underlying his cause of action." (Guiterrez v. Mofid (1985) 39 Cal.3d. 892, 897-898.)

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