What is the test for treating a claim for damages arising out of a previous violation as a separate claim?
MultiRegion, United States of America
The following excerpt is from Holmes v. Estock, Case No. 16cv2458-MMA-BLM (S.D. Cal. 2021):
held that if a claim involves a "delayed, but inevitable consequence" of an ongoing violation, the more recent violation should be treated as a separate claim only if it involves an "independently wrongful, discrete act." Pouncil v. Tilton, 704 F.3d 568, 581 (9th Cir. 2012).
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