Does a waiver of the statute of limitations apply to continuing representation of a client?
California, United States of America
The following excerpt is from Rallis v. Cassady, 100 Cal.Rptr.2d 763 (Cal. App. 2000):
20. A waiver of the statute of limitations requires a writing signed by the defendant who waives the defense. (Code Civ. Proc., 360.5.) Actions by a defendant that toll the limitations period do not effect a waiver. Accordingly, we cannot accept the characterization of an attorney's continuing representation of a client as a waiver of the statute of limitations defense, as stated in Crouse v. Brobeck, Phleger & Harrison, supra, 67 Cal.App.4th at page 1539.
20. A waiver of the statute of limitations requires a writing signed by the defendant who waives the defense. (Code Civ. Proc., 360.5.) Actions by a defendant that toll the limitations period do not effect a waiver. Accordingly, we cannot accept the characterization of an attorney's continuing representation of a client as a waiver of the statute of limitations defense, as stated in Crouse v. Brobeck, Phleger & Harrison, supra, 67 Cal.App.4th at page 1539.
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