Does equitable tolling apply in the context of the statute of limitations?

California, United States of America


The following excerpt is from Wessler v. Mid-Century Ins. Co., A142928 (Cal. App. 2015):

Equitable tolling is sparingly applied; it is a judge-made doctrine that suspends or extends a statute of limitations otherwise applicable "occasionally and in special situations . . . ." (Addison v. State of California (1978) 21 Cal.3d 313, 316 (Addison).) Whether the doctrine of equitable tolling should be applied involves a balancing of the competing interests of preventing the assertion of stale claims and allowing good faith litigants their day in court. (See id. at p. 319.)

Other Questions


Does the doctrine of equitable tolling apply to relieve the bar of the statute of limitations? (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)
Can the doctrine of equitable estoppel be applied after the statute of limitations has run? (California, United States of America)
Does a federal decision construing a state forfeiture statute apply the same weight and authority as it applies to a federal forfeiture statute? (California, United States of America)
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)
If a charge is hidden and undiscoverable within the statute of limitations, would equitable tolling be appropriate? (California, United States of America)
Does the inequitable conduct of the insurer in the context of the statute of limitations apply? (California, United States of America)
What is the test for equitable tolling in a limitation statute? (California, United States of America)
How have courts interpreted the estoppel principle as applied to the statute of limitations? (California, United States of America)
Does the statute of limitations apply to an action for declaratory relief? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.