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Statutes of Limitation and the “Delayed Discovery” Rule

Statutes of limitation require that claims be brought within a specified period of time, and if they are not brought within that specified period of time, they are forever barred. Statutes of limitation for some tort claims can be as short as one year; claims for breach of contract can be as long as four [...]

By |2020-11-24T15:46:53-08:00November 24th, 2020|Uncategorized|Comments Off on Statutes of Limitation and the “Delayed Discovery” Rule

Tolling Statutes of Limitation

All causes of action, whether based in tort or contract, must be brought within a certain period of time after “accrual” of the cause of action. The limitations periods are set forth in statutes and typically vary from one year to ten years, depending on the cause of action involved. In some instances, the running [...]

By |2020-11-24T15:39:14-08:00November 24th, 2020|Uncategorized|Comments Off on Tolling Statutes of Limitation

The Equitable Action of Accounting

An action for an accounting is an equitable cause of action. As discussed below, for statute of limitations purposes, the cause of action for an accounting must sometimes be distinguished from the remedy of an accounting. When, for instance, the gravamen of a Complaint is based on some other cause of action, such as conversion [...]

By |2020-11-18T15:49:35-08:00November 18th, 2020|Business Litigation, Commercial Law, Commercial Ligitation|Comments Off on The Equitable Action of Accounting

Trade Libel

A “libel” is a false statement. Thus, libel, in the sense of defamation (referred to below as “ordinary libel”), and trade libel are similar in that they are causes of action available to plaintiffs about whom, or about whose trade or goods, false statements are made. However, “libel” in the sense of defamation is a [...]

By |2020-11-18T15:50:03-08:00November 18th, 2020|Commercial Law, Commercial Ligitation|Comments Off on Trade Libel

California’s Unfair Competition Law

California’s Unfair Competition Law is found in Business & Professions Code sections 17200 et. seq. The Unfair Competition Law (“UCL”) prohibits two types of conduct: (1) any “unlawful, unfair, or fraudulent business act or practice,” and (2) any unfair, deceptive, untrue, or misleading advertising, or other type of advertising prohibited by Business & Professions Code [...]

By |2020-11-13T15:13:37-08:00November 13th, 2020|Uncategorized|Comments Off on California’s Unfair Competition Law
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