Does the traditional accrual rule apply to a cause of action?

California, United States of America


The following excerpt is from Mangini v. Aerojet-General Corp., 230 Cal.App.3d 1125, 281 Cal.Rptr. 827 (Cal. App. 1991):

16 Both sides argue the traditional accrual rule applies, but with different results. Plaintiffs claim they did not sustain an injury (hence the statute did not begin to run) until they recently tried to sell their property, without success. However, the only case cited by plaintiffs, Allred v. Bekins Wide World Van Services (1975) 45 Cal.App.3d 984, 120 Cal.Rptr. 312, merely held a cause of action under the discovery rule accrues when the person sustains some damage and discovers or should discover his cause of action. Here, the injury was sustained by 1970. The infliction of appreciable and actual harm, however uncertain in amount, will commence the statutory period. (DeRose v. Carswell (1987) 196 Cal.App.3d 1011, 1025, 242 Cal.Rptr. 368.)

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