What would be required to prove if a defendant were to plead the bar of the applicable statute of limitation as an affirmative defense?
California, United States of America
The following excerpt is from Lockey v. Law Office of Cantrell, 110 Cal.Rptr.2d 877, 91 Cal.App.4th 875 (Cal. App. 2001):
fact which the defendant would be required to prove if he were to plead the bar of the applicable statute of limitation as an affirmative defense. (Farris v. Merritt (1883) 63 Cal. 118, 119.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
When a defendant pleads and proves that he meets the requirements for sentencing as a habitual offender under section 667.7, subdivision (a)(1) of the California Criminal Code, what is the applicable sentence? (California, United States of America)
Is a defendant required to prove at least one overt act in furtherance of the conspiracy to defraud another of property within the statute of limitations? (California, United States of America)
How has the statute of limitations been interpreted for a defendant to plead and prove timely commencement of the action? (California, United States of America)
Can a defendant forfeit the statute of limitations defense in a criminal case? (California, United States of America)
How has the court considered the fact that defendant failed to submit an answer, motion or other pleading as required by statute? (California, United States of America)
What is the initial burden of proving that a defendant breached the statute of limitations in a motion of demurrer? (California, United States of America)
In what circumstances will a defendant waive the statute of limitations defense? (California, United States of America)
Is the statute of limitations defense a "favored or disfavored" defense? (California, United States of America)
How has the statute of limitations been interpreted in the context of Defendant's request for an extension of time to plead? (California, United States of America)
