Does the statute of limitation apply to negligent misrepresentation claims?

California, United States of America


The following excerpt is from Enea v. Cal. Culinary Acad., Inc., A141886 (Cal. App. 2016):

Under the "discovery rule," however, such statutes of limitation do not necessarily accrue until a plaintiff's discovery of the alleged misrepresentations. (Code Civ. Proc., 338, subd. (d); see Broberg, supra, 171 Cal.App.4th at p. 920 [indicating the discovery rule applies to fraud and negligent misrepresentation claims and, in the court's view, despite a split among the appellate courts, to unfair competition causes of action resting on claims of deception in marketing]; Britton v. Girardi (2015) 235 Cal.App.4th 721, 733-734 [a cause of action for fraud does not accrue until the date the complaining party learns, or at least is put on notice, that a representation was false]; E-Fab, supra, 153 Cal.App.4th 1308, 1314-1319 [applying the discovery rule to a negligent misrepresentation claim].)

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