What is the applicable statute of limitations for an action for damages arising out of a mistake made by the California Department of Justice?

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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