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What Is Attorney Malpractice Defense of Four Year Statute of Limitations Law in California

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What is the Law in California for the Attorney Malpractice Defense of Four Year Statute of Limitations - California Civil Jury Instruction CACI 611

California Law

CA Civil Jury Instructions

CACI 611 - Attorney Malpractice Defense of Four Year Statute of Limitations

As of September 1, 2010

California Civil Jury Instruction CACI 611

611. Affirmative Defense—Statute of Limitations—Attorney

Malpractice—Four-Year Limit (Code Civ. Proc., § 340.6)

[Name of defendant] contends that [name of plaintiff]’s lawsuit was

not filed within the time set by law. To succeed on this defense,

[name of defendant] must prove that [his/her/its] alleged wrongful

act or omission occurred before [insert date four years before date of

filing].

[If, however, [name of plaintiff] proves

[Choose one or more of the following four options:]

5. [that [he/she/it] did not sustain actual injury until on or

after [insert date four years before date of filing]][,/; or]]

5. [that on or after [insert date four years before date of filing]

[name of defendant] continued to represent [name of plaintiff]

regarding the specific subject matter in which the wrongful

act or omission occurred [,/; or]]

5. [that on or after [insert date four years before date of filing]

[name of defendant] knowingly concealed the facts

constituting the wrongful act or omission [,/; or]]

5. [that on or after [insert date four years before date of filing]

[he/she/it] was under a legal or physical disability that

restricted [his/her/its] ability to file a lawsuit[,/;]

the period within which [name of plaintiff] had to file the lawsuit is

extended for the amount of time that [insert tolling provision, e.g.,

[name of defendant] knowingly concealed the facts].]

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