Does the statute of limitations apply to a borrower who alleges that he was defrauded by his bank?

California, United States of America


The following excerpt is from Lowe v. NL, Inc., A138164 (Cal. App. 2013):

The borrowers acknowledge that they filed their lawsuit more than three years after they purchased their home in 2005. They maintain, however, that the statute of limitations was tolled under the delayed discovery and fraudulent concealment rules. (See 338, subd. (d).) They contend that the trial court abused its discretion in sustaining the demurrer because "[g]enerally, statute of limitations issues raise questions of fact that must be tried . . . ." (Kline v. Turner (2001) 87 Cal.App.4th 1369, 1374.)

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