Is a plaintiff's cause of action barred by the statute of limitations or by the doctrine of laches?

California, United States of America


The following excerpt is from Nevarez v. Nevarez, 202 Cal.App.2d 596, 21 Cal.Rptr. 70 (Cal. App. 1962):

Defendant further contends that plaintiff's cause of action is barred both by the statute of limitations and by the doctrine of laches. If an action to impose a constructive trust is based on fraud or mistake it is governed by the three-year statute under section 338, subdivision 4, Code of Civil Procedure. The action is commenced in time if the complaint is filed within three years after discovery of the facts constituting the fraud or mistake. Thus, in Ransom v. Wallace, 94 Cal.App.2d 723, 211 P.2d 339, it appeared that an aged man with faulty understanding signed a paper he thought was [202 Cal.App.2d 603] a power of attorney but which he later learned was a deed. The court held the action was not barred by the statute of limitations where the action was filed within a short time after plaintiff discovered he had executed a deed rather than a power of attorney.

Other Questions


Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
What is the statute of limitations for a plaintiff to bring a cause of action? (California, United States of America)
Can a complaint fail to state a cause of action where the date alleged is barred by the statute of limitations? (California, United States of America)
Is a petitioner barred by the statute of limitation or by the doctrine of laches? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
Is a criminal plaintiff required to obtain post conviction relief to avoid the statute of limitations bar in a professional malpractice action? (California, United States of America)
Does the statute of limitations bar the entire complaint including the causes of action in equity seeking return of marijuana plants? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
What is the statute of limitations for a plaintiff to bring a cause of action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.