Does the statute of limitations apply to fraudulent concealment of cause?

California, United States of America


The following excerpt is from Aerojet General Corp. v. Superior Court, 177 Cal.App.3d 950, 223 Cal.Rptr. 249 (Cal. App. 1986):

The question presented in this mandamus proceeding is whether the rule of Elkins v. Derby (1974) 12 Cal.3d 410, 115 Cal.Rptr. 641, 525 P.2d 81, that the statute of limitations on a plaintiff's action for damages for personal injury is tolled for the period during which a worker's compensation remedy is pursued against [177 Cal.App.3d 952] defendant, applies when plaintiff seeks damages not for the injury itself but for fraudulent concealment of the injury's cause. We hold it does not.

Page 251

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