Does an offer of settlement preclude the District from asserting a statute of limitations defense?
California, United States of America
The following excerpt is from Alvarado v. Hollister Sch. Dist., H045924 (Cal. App. 2019):
into not filing a timely complaint. Offers of settlement, however, do not automatically preclude the District from asserting a statute of limitations defense. (Lobrovich v. Georgison (1956) 144 Cal.App.2d 567, 573 [" 'an estoppel to plead the statute does not arise in every case in which there are negotiations for a settlement of the controversy' "].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
Is the statute of limitations defense a "favored or disfavored" defense? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
What are the elements of equitable estoppel to prevent a defendant from asserting a statute of limitations defense? (California, United States of America)
Is a public agency subject to estoppel from the assertion of either the time limits for filing tort claims or the statute of limitations on cause of action? (California, United States of America)
What is the test for a plaintiff to assert a statute of limitations defense? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
What is the test for equitably estopped to assert that the statute of limitations has expired? (California, United States of America)
Can a defendant raise a statute- limitations defense at any time? (California, United States of America)
Can a defendant forfeit the statute of limitations defense in a criminal case? (California, United States of America)
