How have missed statute cases been dealt with?

California, United States of America


The following excerpt is from Adams v. Paul, 11 Cal.4th 583, 46 Cal.Rptr.2d 594, 904 P.2d 1205 (Cal. 1995):

The myriad of circumstances under which statute of limitations issues may arise in missed statute cases sharply illustrates the practicality of applying the prevailing "question-of-fact" rule to the determination of when actual injury occurs. The number of potential variables, which do not necessarily [11 Cal.4th 589] follow a set pattern, precludes defining the point of harm as a fixed point or event because reasonable application becomes too problematic. (See post, fn. 4.) The issue may be resolved "as a matter of law" only if the facts are undisputed. (Budd v. Nixen, supra, 6 Cal.3d at p. 202, 98 Cal.Rptr. 849, 491 P.2d 433.)

Although affirming this central precept, the task remains nevertheless to give

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