California, United States of America
The following excerpt is from Votta v. Alinsod, G046388 (Cal. App. 2013):
Alinsod argues the reasonable person issue is a question of law and based on the evidence in the record only one conclusion can be reached, that plaintiff was on inquiry notice more than a year before she filed the action. But fact finders customarily decide what a reasonable person would know or believe. (See Cotran v. Rollins Hudig Hall Internat., Inc. (1998) 17 Cal.4th 93, 107, fn. 3.) There is both a jury instruction (CACI No. 455) and a verdict form (CACI VF-410) where the jury makes factual findings as to delayed discovery.
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.