Is domestic violence a continuing tort for the purposes of the statute of limitations?
California, United States of America
The following excerpt is from Vaca v. Wachovia Mortg. Corp., G044107 (Cal. App. 2011):
First, plaintiff offers no allegations sufficient to invoke the continuing wrong doctrine. Her only cited authority on that doctrine is Pugliese v. Superior Court (2007) 146 Cal.App.4th 1444, 1452, which held domestic violence is a continuing tort for statute of limitations purposes. It relied upon the unique nature of domestic violence and
Page 8
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can evidence of domestic violence be used to prove a defendant has a propensity to commit domestic violence? (California, United States of America)
Is evidence of domestic violence admissible to prove a defendant had a propensity to commit domestic violence? (California, United States of America)
Can a police officer make an arrest for domestic violence under section 836 of the California Domestic Violence Act if the victim is assaulted by her partner while they are not married? (California, United States of America)
Does section 1109 of the California Domestic Violence Act, section 352 of the Code of Civil Procedure, provide a "safeguard against the use of other acts of domestic violence"? (California, United States of America)
What is the standard for a jury to consider an allegation of domestic violence against a defendant who has not been charged with domestic violence under the California Evidence Code? (California, United States of America)
What is the test for making past domestic violence evidence in a domestic violence case? (California, United States of America)
Is the statute of limitations extended under continuing violation doctrine or theory of continuous accrual? (California, United States of America)
What is the test for a domestic violence restraining order under the Domestic Violence Protection Act? (California, United States of America)
Is there any case law where a defense counsel elicited testimony from a domestic violence victim about whether domestic violence victims lie? (California, United States of America)
What is the test for admitting past acts of domestic violence as propensity evidence in a current domestic violence case? (California, United States of America)
