California, United States of America
The following excerpt is from County of Mono v. Public Employees' Retirement System, 69 Cal.App.4th 1105, 82 Cal.Rptr.2d 130 (Cal. App. 1999):
The applicable statute of limitations here is the three-year period set forth in Code of Civil Procedure section 338, subdivision (d), for "[a]n action for relief on the ground of ... mistake." (See County of Marin Assn. of Firefighters v. Marin County Employees Retirement Assn. (1994) 30 Cal.App.4th 1638, 1651-1652, 36 Cal.Rptr.2d 736 (County of Marin ).) "The cause of action [under section 338, subdivision (d) ] is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the ... mistake." (Code Civ. Proc., 338, subd. (d).)
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