What is the test for reasonable discovery under the delayed discovery rule?
California, United States of America
The following excerpt is from Tsaturyan v. Glaxosmithkline, LLC, B275168 (Cal. App. 2018):
"When a plaintiff reasonably should have discovered facts for purposes of the accrual of a cause of action or application of the delayed discovery rule is generally a question of fact, properly decided as a matter of law only if the evidence . . . can support only one reasonable conclusion." (Stella v. Asset Management
Page 14
"The most advanced legal research software ever built."
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.
Other Questions
Does the "right ruling, wrong reasoning" rule apply to an evidentiary ruling that required the trial court to make findings of fact? (California, United States of America)
Does the discovery rule operate to delay accrual of a cause of action? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
What is the date of discovery under the discovery rule in medical malpractice cases? (California, United States of America)
Does the absence of an explanation of a ruling make it more difficult for the appellate court to uphold the ruling as reasonable? (California, United States of America)
What is the effect of the delayed discovery rule on cause of action? (California, United States of America)
Does the Attorney General have any legal basis for the discovery sanction or discovery sanction aspect of the Court's ruling? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
How have courts interpreted the rule of reasonableness in the context of the reasonable use doctrine? (California, United States of America)
Does the delayed discovery rule apply to sexual abuse cases? (California, United States of America)
