What is the effect of the delayed discovery rule on cause of action?

California, United States of America


The following excerpt is from Prudential Home Mortg. Co. v. Superior Court, 66 Cal.App.4th 1236, 78 Cal.Rptr.2d 566 (Cal. App. 1998):

The general rule is that a cause of action accrues when the wrongful act is done and not at the time of plaintiff's discovery. But under the delayed discovery rule, a cause of action will not accrue until the plaintiff discovers or should have discovered, through the exercise of reasonable diligence, all the facts essential to the cause of action. (Leaf v. City of San Mateo (1980) 104 Cal.App.3d 398, 407, 163 Cal.Rptr. 711.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
In what circumstances have courts found no good cause for delay in determining whether there was good cause to delay in making a claim for damages? (California, United States of America)
What is the effect of delay in effecting service of an action? (California, United States of America)
Does the discovery rule operate to delay accrual of a cause of action? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
What is the next cause of action for breach of contract to not terminate without cause? (California, United States of America)
What is the test for a cause of action for malicious prosecution based on an order to show cause in a family law proceeding? (California, United States of America)
What is the effect of the Release on plaintiff's causes of action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.