Legal Question in Real Estate Law in California

Re: Fraud Statue of Limitation CA

I can only add that "statute of limitations"is a defense, and as with any defense, the burden is on the defendant to plead and prove every element of the defense.

Re: Fraud Statue of Limitation CA

It depends whether you should have reasonably discoverd the fraud sooner and when. These questions are very fact specific. You'll need a lawyer to collect the provable facts and render an opinion. Don't delay.

Re: Fraud Statue of Limitation CA

the clock typically starts running at the earlier of when you knew or when you should have known.

you prove it by raising your right hand, taking an oath and testifying as to when you learned of it. The other side will try to prove that you knew (or should have known) much earlier.

BE ADVISED, I'm not agreeing or disagreeing with your claim that the applicable SOL is 3 years. I'm just giving you some generally-applicable information regarding statutes of limitations.

Re: Fraud Statue of Limitation CA

The statute of limitations runs from the date you knew, or should have known, that your cause of action accrued (or existed). However, determing when the statute begins to run is not always an easy task and depends upon the specific facts of each case. You should probably arrange a consultation with an attorney in your area to discuss the specifics of your situation.

Re: Fraud Statue of Limitation CA

Section 338, subdivision (d), of the California Code of Civil Procedure, provides that the statute of limitations for an action for relief on the ground of fraud is three (3) years, but further explains that "The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake."

So, your understanding of the law would appear to be essentially correct.

However, I agree with the two other attorneys who have answered that this is a very fact-intensive question, and you should try to compile and collect any and all documentation that would support your claim of delayed discovery. Proving a negative is always a challenge. (Live witnesses who can support your lack of knowledge of the fraud are, of course, also helpful.)