Does the statute of limitations retroactively apply to accrued causes of action?
The following excerpt is from Fink v. Shedler, 192 F.3d 911 (9th Cir. 1999):
7. Under California law, "statutes of limitations... are normally retroactively applied to accrued causes of action[.] " Aronson v. Superior Court, 191 Cal. App. 3d 294, 297, 236 Cal. Rptr. 347, 349 (1987) (citations omitted). "[T]he court must inquire whether, in a given case, that retrospective application may violate due process by in effect eliminating the plaintiff's right. If the time left to file suit is reasonable no such constitutional violation occurs, and the statute is applied as enacted. " Id.
7. Under California law, "statutes of limitations... are normally retroactively applied to accrued causes of action[.] " Aronson v. Superior Court, 191 Cal. App. 3d 294, 297, 236 Cal. Rptr. 347, 349 (1987) (citations omitted). "[T]he court must inquire whether, in a given case, that retrospective application may violate due process by in effect eliminating the plaintiff's right. If the time left to file suit is reasonable no such constitutional violation occurs, and the statute is applied as enacted. " Id.
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