Can a plaintiff bring a claim for delay in accrual of his cause of action to overcome the statute of limitations?

California, United States of America


The following excerpt is from Capous v. Foley, B253867 (Cal. App. 2015):

Appellant also asserts a number of other theories upon which the accrual of his cause of action could be delayed: (1) equitable estoppel, (2) fraudulent concealment, (3) equitable tolling, or (4) a continuing violation theory. Entertaining these never-before-litigated theories in assessing whether the complaint could be amended to overcome the statute of limitations, we still must conclude that all of the actions are barred by the statute of limitations. (See Hendy v. Losse (1991) 54 Cal.3d 723, 742).

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