The following excerpt is from Von Brimer v. Whirlpool Corp., 536 F.2d 838 (9th Cir. 1976):
While this question of knowledge can be a factual one, "when (the) knowledge had by or imputed to plaintiff is such as to compel the conclusion that a prudent man would have suspected the fraud, the court may determine as a matter of law that there has been 'discovery.' " Helfer v. Hubert, 208 Cal.App.2d 22, 24 Cal.Rptr. 900, 902 (1962).
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.