Articles Posted in Statute of Limitations

A plaintiff appealed from the judgment entered against her after the trial court granted the defendant’s motion for summary judgment on the ground that the two-year statute of limitations had expired. The incident in which the plaintiff was injured occurred in July 2010. She did not name the defendant in her initial complaint. On June 24, 2014, a year after settling with the other defendants, she amended her complaint to identify “Doe 1” as the defendant. She contended that she had no “actual knowledge” of the defendant’s identity or involvement until May 2013, and thus the statute of limitations was tolled under the law of “relation back.” Concluding that the woman did have actual knowledge, the appeals court affirmed the judgment.

office space

The plaintiff was a tenant in a building in which she maintained an office. On the morning of July 13, 2010, she was summoned because a burst water pipe had caused flooding in her office. Over a period of about an hour, she, her two sons, the building owners’ “maintenance guy,” and three or four of the defendant’s workers arrived at the building. They all began to move items out of the plaintiff’s office and into an empty office. In the course of doing so, someone moved four or five plastic carpet mats, which allow rolling desk chairs to move freely without damaging the carpet underneath, from the office to a concrete walkway outside the building. She slipped and fell on the wet carpet mats while removing her personal belongings from the office. She injured her back in the fall.

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The California Supreme Court recently held that the special limitations period for professional negligence actions against health care providers — rather than the general personal injury limitations period — applied to a negligence action brought by a patient injured after falling from a hospital bed

According to section 335.1 of the California Code of Civil Procedure, a personal injury action generally must be filed within two years of the date of the incident. However, a special statute of limitations applies to actions “for injury or death against a health care provider based on such person’s alleged professional negligence.” Unlike most personal injury actions, professional negligence actions against health care providers must be brought within three years after the date of the injury or one year after the plaintiff’s discovery of the injury by reasonable diligence, whichever occurs first.

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