What is the test for establishing that the statute of limitations runs from the occurrence of the last element?

California, United States of America


The following excerpt is from Salazar v. Thomas, 186 Cal.Rptr.3d 689, 236 Cal.App.4th 467 (Cal. App. 2015):

10 The general principles include the last element accrual rule, which provides that the statute of limitations ordinarily runs from the occurrence of the last element essential to the cause of action and that a cause of action accrues. (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1191, 151 Cal.Rptr.3d 827, 292 P.3d 871 (Aryeh ).) The last element rule of accrual is subject to a number of exceptions, including the discovery rule, the continuing violation doctrine, and the theory of continuous accrual. (Id. at p. 1192, 151 Cal.Rptr.3d 827, 292 P.3d 871.)

10 The general principles include the last element accrual rule, which provides that the statute of limitations ordinarily runs from the occurrence of the last element essential to the cause of action and that a cause of action accrues. (Aryeh v. Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185, 1191, 151 Cal.Rptr.3d 827, 292 P.3d 871 (Aryeh ).) The last element rule of accrual is subject to a number of exceptions, including the discovery rule, the continuing violation doctrine, and the theory of continuous accrual. (Id. at p. 1192, 151 Cal.Rptr.3d 827, 292 P.3d 871.)

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