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California Supreme Court

Jan. 26, 2013

State Supreme Court allows flexibility in statute of limitations

A decision Thursday clarifies when the statute of limitations clock begins to run in cases in which businesses commit the same unfair act over an extended period of time.


By Emily Green


Daily Journal Staff Writer


Sometimes a lawyer needs a little nudge in the right direction.


Twice, plaintiffs' attorney R. Duane Westrup pled his client's case under what's known as the continuing violation doctrine. His client alleged Canon Business Solutions Inc. overcharged him for years.


A trial judge and a divided appellate panel rejected that argument as time-barred. But the attorney caught a lucky bre...

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