What is the statute of limitations for a cause of action for fraud?

California, United States of America


The following excerpt is from Szumilas v. Wells Fargo Bank, B240261 (Cal. App. 2014):

A cause of action for fraud is governed by a three-year statute of limitations. (Code Civ. Proc., 338, subd. (d).) The action accrues when the aggrieved party discovers the facts constituting the fraud. (Ibid.) "The courts interpret discovery in [the] context [of fraud] to mean not when the plaintiff became aware of the specific wrong alleged, but when the plaintiff suspected or should have suspected that an injury was caused by wrongdoing. The statute of limitations begins to run when the plaintiff has information [that] would put a reasonable person on inquiry. A plaintiff need not be aware of the specific facts necessary to establish a claim since they can be developed in pretrial discovery. Wrong and wrongdoing in this context are understood in their lay and not legal senses. [Citation.] [] . . . '"Under this rule constructive and presumed notice or knowledge are equivalent to knowledge. So, when the plaintiff has notice or information of circumstances to put a reasonable person on inquiry, or has the opportunity to obtain knowledge from sources open to [her] investigation (such as public records or corporation books), the statute commences to run." [Citation.]'" (Kline v. Turner (2001) 87 Cal.App.4th 1369, 1374.)

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