What is the doctrine of laches in civil litigation?

The doctrine of laches is an equitable defense in civil litigation. Under California law, laches is the failure to assert a right or to seek a remedy for an unreasonable amount of time. Laches is an affirmative defense that may be asserted by the defendant in a civil lawsuit to bar the plaintiff’s claim. It is typically used in disputes involving negligence, breach of contract, or other civil wrongs. The doctrine of laches is based on the idea that a plaintiff should be diligent in enforcing their rights. Thus, if a plaintiff fails to take legal action for an extended period of time, they may be barred from doing so later. This prevents parties from waiting an unreasonable amount of time to assert their rights, allowing the defendant to rely on the fact that the passage of time has caused them to be prejudiced in some way. In California, laches must be proven by the defendant. The court will typically look at the length of time between the filing of the lawsuit and the date of the alleged wrong in order to determine whether laches is applicable. Generally, laches will be applicable if the plaintiff knew (or should have known) of the alleged wrong for more than six months before filing their lawsuit. If found applicable, the court may be barred from hearing the plaintiff’s case, or may choose to nullify the relief sought by the plaintiff.

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What is the doctrine of laches in civil litigation?

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