What is the statute of limitations for a claim of fraud or intentional misrepresentation?

California, United States of America


The following excerpt is from Roldan v. Roldan, E058825 (Cal. App. 2015):

A cause of action for fraud or intentional misrepresentation is governed by the three-year limitations period set forth in section 338, subdivision (d). (See also Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1391.) Code of Civil Procedure section 338, subdivision (d) provides that a "cause of action [for fraud] is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake." ( 338, subd. (d).) There is a two-year statute of limitations for oral contracts. (Code of Civ. Proc., 339.)

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