What is the applicable statute of limitations for an allegation of fraud and breach of fiduciary obligation?

California, United States of America


The following excerpt is from People v. Schmidt, A155789, A155911 (Cal. App. 2019):

Defendant offers no authority establishing the statute of limitations is three years rather than four years. Defendant was charged with two offenses under section 532, subdivision (a) and three offenses under section 115, subdivision (a). The applicable statute of limitations appears to be four years for both offenses. (See 801.5 [four-year statute of limitations for offense described in 803, subd. (c)] & 803, subd. (c) [offense involving fraud or breach of fiduciary obligation, including grand theft]; People [false pretenses is type of grand theft]; People v. Soni (2005) 134 Cal.App.4th 1510, 1518-1519 [four-year statute of limitations applied to violation of 115, subd. (a)].)

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