The following excerpt is from Kwai Fun Wong v. Beebe, D.C. No. 3:01-cv-00718-JO, No. 10-36136 (9th Cir. 2013):
specified period of time," a statute of repose "terminates a right of action after a specific time, even if the injury has not yet occurred." Fields v. Legacy Health Sys., 413 F.3d 943, 952 n.7 (9th Cir. 2005).13
Far from setting a fixed cutoff date, 2401(b) "is in the traditional form of a statute of limitations." Johnson v. Aljian, 490 F.3d 778, 781 n.12 (9th Cir. 2007). As such, just as it is subject to the common law discovery rule, so the presumption favoring equitable tolling applies.
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