Can a plaintiff delay the running of the statute of limitations by making a demand?

California, United States of America


The following excerpt is from Phillis v. City of Santa Barbara, 229 Cal.App.2d 45, 40 Cal.Rptr. 27 (Cal. App. 1964):

Stafford v. Oil Tool Corp., 133 Cal.App.2d 763, 765, 284 P.2d 937, 939: 'Where a demand is an integral part of a cause of action, the statute of limitations does not run until demand is made. The plaintiff cannot, however, indefinitely suspend the running of the statute by delaying to make a demand. The general rule is that where demand is necessary to perfect a right of action and no time therefor is specified in the contract, the demand must be made within a reasonable time after it can lawfully be made. What is a reasonable time depends upon the circumstances of each case; but in the absence of peculiar circumstances, a time coincident with the running of the statute will be deemed reasonable, and if a demand is not made within that period, the action will be barred. [Citations.]

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