When will the statute of limitations run out for a plaintiff?

California, United States of America


The following excerpt is from Smith v. County of Los Angeles, 214 Cal.App.3d 266, 262 Cal.Rptr. 754 (Cal. App. 1989):

Government Code section 901 states: "For the purpose of computing the time limits prescribed by Section[ ] 911.2, ... the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations...." The court in Oakes v. McCarthy Co. (1968) 267 Cal.App.2d 231, 254-255, 73 Cal.Rptr. 127, held in a case "involving damage to real property caused by removal of lateral support," that the determination when the statute of limitations began to run was a question of fact: "[o]nly when the consequential damage is sufficiently appreciable to a reasonable man may we hold an owner to a duty of expeditiously pursuing his remedies. As to when the consequential damage reached this point was a question of fact. [Citations.]"

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