Is ignorance of the identity of a defendant sufficient to delay the running of the statute of limitations?

California, United States of America


The following excerpt is from Mayville v. Provencher, D068099 (Cal. App. 2016):

"While ignorance of the existence of an injury or cause of action may delay the running of the statute of limitations until the date of discovery, the general rule in California has been that ignorance of the identity of the defendant is not essential to a claim and therefore will not toll the statute. . . . Aggrieved parties generally need not know the exact manner in which their injuries were 'effected, nor the identities of all parties who may have played a role therein.' " (Bernson v. Browning-Ferris Industries (1994) 7 Cal.4th 926, 932, italics added.)

Page 9

Other Questions


Can a plaintiff who is ignorant of the identity of a defendant file a complaint before the statute of limitations has expired? (California, United States of America)
Does the statute of limitations run when a defendant is charged with a misdemeanor? (California, United States of America)
Can a plaintiff amend a complaint to add a new defendant after the statute of limitations has run? (California, United States of America)
Can a defendant whose conduct induces delay in filing a lawsuit be estopped to assert the statute of limitations? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
Can a plaintiff delay the running of the statute of limitations by making a demand? (California, United States of America)
Does a plaintiff have to delay filing a claim until after the statute of limitations has run out? (California, United States of America)
Is a Defendant's Notice of Interest sufficient to lift the statute of limitations under Section 360 of the Bankruptcy and Insolvency Act? (California, United States of America)
If a plaintiff delays filing a second claim until the statute on that first claim has nearly run, would that delay be considered unreasonable? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.