What is the Law in California for the Negligence Defense of Statute of Limitations Equitable Tolling- California Civil Jury Instruction CACI 457

California Law

CA Civil Jury Instructions

CACI 457 - Negligence Defense of Statute of Limitations Equitable Tolling

As of September 1, 2010

California Civil Jury Instruction CACI 457

[Name of plaintiff] claims that even if [his/her/its] lawsuit was not

filed by [insert date from applicable statute of limitations], [he/she/it]

may still proceed because the deadline for filing the lawsuit was

extended by the time during which [specify prior proceeding that

qualifies as the tolling event, e.g., she was seeking workers’

compensation benefits]. In order to establish the right to proceed,

[name of plaintiff] must prove all of the following:

1. That [name of defendant] received timely notice that [name

of plaintiff] was [e.g., seeking workers’ compensation] instead

of filing a lawsuit;

2. That the facts of the two claims were so similar that an

investigation of the [e.g., workers’ compensation claim] gave

or would have given [name of defendant] the information

needed to defend the lawsuit; and

3. That [name of plaintiff] was acting reasonably and in good

faith by [e.g., seeking workers’ compensation].

For [name of defendant] to have received timely notice, [name of

plaintiff] must have filed the [e.g., workers’ compensation claim] by

[insert date from applicable statute of limitations] and the [e.g., claim]

notified [name of defendant] of the need to begin investigating the

facts that form the basis for the lawsuit.

In considering whether [name of plaintiff] acted reasonably and in

good faith, you may consider the amount of time after the [e.g.,

workers’ compensation claim] was [resolved/abandoned] before [he/

she/it] filed the lawsuit.

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