What is the burden of proving that a negligent act occurred outside the statute of limitations?

California, United States of America


The following excerpt is from Orange Cnty. Water Dist. v. Sabic Innovative Plastics United States, LLC, 14 Cal.App.5th 343, 222 Cal.Rptr.3d 83 (Cal. App. 2017):

have not met their burden of showing that their last negligent act occurred outside the statute of limitations. (See Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1192, 151 Cal.Rptr.3d 827, 292 P.3d 871 ( Aryeh ).) For reasons we will explain, we agree with the District.

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