Delayed discovery tolls the running of the statute of limitations, but it does not shorten the limitations period. Thus, in a case in which the plaintiff discovers the wrong before suffering injury from it, the limitations period runs from the date damage is suffered, not from the earlier date of discovery. Here, plaintiff discovered immediately after her son suffered serious injuries in a motorcycle accident that defendant had wrongly obtained UIM coverage with a $1.5 million, rather than a $5 million limit as plaintiff had ordered. But plaintiff didn’t suffer any damages until a year or later when plaintiff’s son settled with the other driver and received payment of the policy limits under the UIM coverage. The suit was filed within the limitations period running from the date of damage and so should not have been dismissed on summary judgment. However, summary judgment was upheld as to plaintiff’s claim for damages for sums she paid for her son’s support after the accident. She presented no evidence that the adult son was incapacitated and so plaintiff bore no legal obligation to provide his support under Family Code 3910.
California Court of Appeal, Second District, Division 4 (Collins, J.); April 19, 2018; 2018 WL 1870153