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CACI 455

What Is Negligence Defense of Statute of Limitations Delayed Discovery Law in California

Personal Injury Lawyers

What is the Law in California for the Negligence Defense of Statute of Limitations Delayed Discovery - California Civil Jury Instruction CACI 455

California Law

CA Civil Jury Instructions

CACI 455 - Negligence Defense of Statute of Limitations Delayed Discovery

As of September 1, 2010

California Civil Jury Instruction CACI 455

455. Statute of Limitations—Delayed Discovery

If [name of defendant] proves that [name of plaintiff]’s claimed harm

occurred before [insert date from applicable statute of limitations],

[name of plaintiff]’s lawsuit was still filed on time if [name of
plaintiff] proves that before that date,

[[name of plaintiff] did not discover, and did not know of facts that

would have caused a reasonable person to suspect, that [he/she/it]

had suffered harm that was caused by someone’s wrongful

conduct.]

[or]

[[name of plaintiff] did not discover, and a reasonable and diligent

investigation would not have disclosed, that [specify factual basis
for cause of action, e.g., "a medical device" or "inadequate medical

treatment"] contributed to [name of plaintiff]’s harm.]

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