Is a plaintiff in a state action for damages arising from a motor vehicle accident entitled to equitable tolling of the statute limitations period?

MultiRegion, United States of America

The following excerpt is from Lucchesi v. Bar-O Boys Ranch, 353 F.3d 691 (9th Cir. 2003):

are ineligible for equitable tolling because their state claim and federal claim are founded on different laws, entail different procedures, or involve different remedies. Because the two claims are predicated upon the same wrong, the plaintiffs will be entitled to equitable tolling if they can satisfy California's three-pronged test. See, e.g., Azer v. Connell, 306 F.3d 930 (9th Cir.2002) (holding that plaintiff's state court action resulted in equitable tolling of the limitations period governing plaintiff's section 1983 action arising from the same events).

Other Questions


Does the limitation period bar a plaintiff from bringing a claim for damages arising out of a motor vehicle accident? (MultiRegion, United States of America)
What is the impact of a motor vehicle accident on motor vehicle use in motor vehicle accidents? (MultiRegion, United States of America)
Does a plaintiff have to prove that they were injured in a motor vehicle accident to recover damages under section 1125(a) of the Ontario Motor Vehicle Act? (MultiRegion, United States of America)
Is the statute tolling of the statute limitations period "from the time a final decision on direct state appeal [to] the time the first state collateral challenge is filed"? (MultiRegion, United States of America)
What is the federal statute of limitations for an action brought by a plaintiff who claims to have been injured in a motor vehicle accident? (MultiRegion, United States of America)
What is the current state's statute of limitations for tolling in a motor vehicle accident case? (MultiRegion, United States of America)
What is the applicable limitation period for a claim for damages arising out of an action where the material facts underlying the cause of action became known? (Canada (Federal), Canada)
When a plaintiff is injured in a motor vehicle accident, can the motor vehicle exclusion clause prevent recovery? (MultiRegion, United States of America)
Is a plaintiff's claim for damages arising out of a motor vehicle accident sustained as a result of injuries sustained in the accident/accident? (MultiRegion, United States of America)
Does a plaintiff have standing to seek injunctive relief in a motion for damages arising out of a motor vehicle accident? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.