Can a plaintiff bring a tort claim after the limitations period has expired?
California, United States of America
The following excerpt is from Jolly v. Eli Lilly & Co., 245 Cal.Rptr. 658, 44 Cal.3d 1103, 751 P.2d 923 (Cal. 1988):
11 This case does not present us with a situation where the plaintiff conducted a prompt investigation and brought suit as soon as the results of the investigation were known, but even so filed her claim after the limitations period had expired. In such a situation, the cause of action might still be timely. (See Whitfield v. Roth (1974) 10 Cal.3d 874, 887-889, 112 Cal.Rptr. 540, 519 P.2d 588 [concerning the 100-day period set forth in the Government Tort Claims Act].)
12 The following colloquy took place at plaintiff's deposition:
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