If a plaintiff delays filing a second claim until the statute on that first claim has nearly run, would that delay be considered unreasonable?

California, United States of America


The following excerpt is from Macasa v. Dole Food Co., B245138 (Cal. App. 2014):

delayed filing the second claim until the statute on that claim had nearly run, even after crediting the tolled period, his conduct might be considered unreasonable. [Citation.]" (Collier v. City of Pasadena (1983) 142 Cal.App.3d 917, 926.)

Defendants argue that equitable tolling is available only to residents of California and that plaintiffs cannot invoke the doctrine because they are all Philippine residents. (See Hatfield v. Halifax (9th Cir. 2009) 564 F.3d 1177, 1189 [non-residents cannot rely on equitable tolling doctrine to toll California statute of limitations].) Defendants further argue that plaintiffs cannot allege good faith and reasonable conduct because they waited more than two years after the Philippine action concluded before commencing the instant action.

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