What is the effect of the discovery rule on the statute of limitations?

California, United States of America


The following excerpt is from Norgart v. Upjohn Co., 64 Cal.App.4th 192, 74 Cal.Rptr.2d 807 (Cal. App. 1998):

In answering the question posed, we must examine the reasons underlying the statute of limitations and the exception found in the discovery rule. The purpose of the statute of limitations is to strike a balance between the competing policies of allowing claims to be decided on their merits and allowing defendants freedom from stale claims. The exception to the statute provided by the discovery rule is designed to "protect the plaintiff who is 'blamelessly ignorant' of his cause of action." (Leaf v. City of San Mateo (1980) 104 Cal.App.3d 398, 408, 163 Cal.Rptr. 711 (Leaf ).) In Jolly,

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