Does the limitation period under section 626(d) of the Health and Safety Code need to be equitably modified?
The following excerpt is from Naton v. Bank of California, 649 F.2d 691 (9th Cir. 1981):
In Hageman v. Philips Roxane Laboratories, 623 F.2d 1381, 1385-86 (9th Cir. 1980), this court reserved the question whether the limitations periods in section 626(d) are subject to equitable modification. Decisions
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We agree that the limitations period set forth in section 626(d)(2) may be equitably modified. The supporting policy reasons are expressed in Dartt v. Shell Oil Co., 539 F.2d 1256 (10th Cir. 1976), aff'd by equally divided court, 434 U.S. 99, 98 S.Ct. 600, 54 L.Ed.2d 270 (1977):
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