How does the Statute of limitations defense work?

California, United States of America


The following excerpt is from Green v. Ralee Engineering Co, 52 Cal.App.4th 1534, 61 Cal.Rptr.2d 352 (Cal. App. 1997):

Where, as in this case, there is no dispute over the facts regarding the sole basis for the employer's motion for summary judgment--whether the employee could state a cause of action for wrongful termination in violation of public policy--the only dispute is over the legal effect and significance of the undisputed facts, which is a pure question of law subject to this court's independent review. (Schrader v. Scott (1992) 8 Cal.App.4th 1679, 1684, 11 Cal.Rptr.2d 433 [statute of limitations defense presented pure question of law subject to appellate court's independent review]; Saldana v. Globe-Weis Systems Co. (1991) 233 Cal.App.3d 1505, 1513, 285 Cal.Rptr. 385 [review of a trial court's determination involves pure matters of law, requiring a reassessment of the legal significance of the documents].)

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