What is the test for applying the statute of limitations to undisputed facts?

California, United States of America


The following excerpt is from Morn v. Allen, G056605 (Cal. App. 2020):

Application of the statute of limitations to undisputed facts is a pure legal question reviewed de novo on appeal. (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1191.) When relevant facts are disputed, resolution of a statute of limitations issue is instead a question of fact subject to a more deferential standard of review. (People v. Zamora (1976) 18 Cal.3d 538, 565.)

Other Questions


Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
What is the test for applying a statute to undisputed facts? (California, United States of America)
Does a federal decision construing a state forfeiture statute apply the same weight and authority as it applies to a federal forfeiture statute? (California, United States of America)
Does the statute of limitations apply to belated discovery of facts? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Is there any case law where the statute of limitations has been applied in a challenge to a city's adoption of a general plan? (California, United States of America)
How have courts interpreted the estoppel principle as applied to the statute of limitations? (California, United States of America)
Does the certificate of merit requirement apply to the statute of limitations set forth in section 340.1? (California, United States of America)
Does the statute of limitations apply to an action for declaratory relief? (California, United States of America)
Does the statute of limitations apply to sexual assault cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.