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CACI 1925

What Is Statute of Limitations Defense for Fraud or Mistake Law in California

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What is the Law in California for Statute of Limitations Defense for Fraud or Mistake - California Civil Jury Instruction CACI 1925

California Law

CA Civil Jury Instructions

CACI 1925 - Statute of Limitations Defense for Fraud or Mistake

As of September 1, 2010

California Civil Jury Instruction CACI 1925

1925. Affirmative Defense—Statute of Limitations—Fraud or
Mistake

[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 [name of plaintiff]’s claimed

harm occurred before [insert date three years before date of filing].

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

harm occurred before [insert date three years before date of filing],

[name of plaintiff]’s lawsuit was still filed on time if [name of
plaintiff] proves that before that date, [he/she/it] did not discover

facts constituting the fraud or mistake, and with reasonable

diligence could not have discovered those facts.]

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