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Equitable Tolling

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On remand from the Supreme Court, the Court of Appeal decides that the plaintiff hospital cannot prevail on its claim of equitable tolling of the statute of limitations to petition for relief from the state agency's decision against it.  The decision clearly stated that it was effective immediately.  The state APA sections (Gov. Code 11521 and 11523) clearly provide that… Read More

Disagreeing with Batze v. Safeway, Inc. (2017) 10 Cal.App.5th 440, this decision holds that Amrican Pipe tolling applies to this later-brought individual suit on the same Labor Code violations alleged in two prior putative class actions, both alleging that Staples misclassified its store managers as exempt employees even though they spent more than 50% of their work time performing functions… Read More

This decision holds that CCP 351, which tolls the statute of limitations while the defendant is absent from the state, is unconstiturional as violative of the dorman Commerce Clause insofar as it tolls the statute of limitations on claims against a defendant who was a California resident when the claim accrued, but later moved permanently out of state.  Here, plaintiff… Read More

This decision reverses an order granting defendants equitable relief from a default and default judgment.  A court’s ability to grant relief under its inherent equitable power is narrower than its ability to grant relief under CCP 473(b)  Equitable relief from a default judgment may be granted only in exceptional circumstances, and the party moving for such relief must make a… Read More

In the exercise of their equitable powers, courts may equitably toll statutes of limitation except when the Legislature has clearly indicated its intent that a limitations period not by extended by equitable tolling.  Gov. Code 11523, which sets a 30-day deadline for filing a petition for administrative mandate to review administrative determinations, does not clearly exclude equitable tolling.  Thus, equitable… Read More

City of San Diego’s ordinance setting a 30-day limitations period on challenges to tax assessments does not deny plaintiffs due process and is not subject to equitable tolling based on a prior suit by a different taxpayer. Read More