What is the test for determining the statute of limitations for a Page 8 action?

MultiRegion, United States of America

The following excerpt is from Stemedica Cell Techs., Inc. v. Mohammed, Case No.: 3:19-cv-01214-WQH-BLM (S.D. Cal. 2020):

"To determine the statute of limitations which applies to a cause of action it is necessary to identify the nature of the cause of action, i.e., the gravamen of the cause of action." Hensler v. City of Glendale, 8 Cal. 4th 1, 22 (1994) (internal quotation marks and citations omitted). In other words, "the nature of the right sued upon and not the form of

Page 8

action nor the relief demanded determines the applicability of the statute of limitations under our code." Maguire v. Hibernia Sav. & Loan Soc., 23 Cal. 2d 719, 733 (1944) (citations omitted).

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