Does continuous accrual apply when there is a continuing or recurring obligation?

California, United States of America


The following excerpt is from Hernandez-Keller v. Comstock Homes, Inc., B272362 (Cal. App. 2017):

speaking, continuous accrual applies whenever there is a continuing or recurring obligation: 'When an obligation or liability arises on a recurring basis, a cause of action accrues each time a wrongful act occurs, triggering a new limitations period.' [Citation.] Because each new breach of such an obligation provides all the elements of a claimwrongdoing, harm, and causation (citation)each may be treated as an independently actionable wrong with its own time limit for recovery." (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1199.)

"However, unlike the continuing violation doctrine, which renders an entire course of conduct actionable, the theory of continuous accrual supports recovery only for damages arising from those breaches falling within the limitations period." (Aryeh v. Canon Business Solutions, Inc., supra, 55 Cal.4th at p. 1199.)

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