What is the statute of limitations for civil fraud?
The statute of limitations for civil fraud in California is two years. This meaning that a plaintiff has two years from the date of the fraud discovery to file a lawsuit for damages or other remedies. However, if the plaintiff did not discover the fraud after a reasonable investigation, then the two-year limitation begins from the date of the reasonable investigation. California law also prevents a party from filing a lawsuit if they have “silently slept” on their legal rights. This means that if a party has knowledge of the fraud but does nothing about it, then the statute of limitations may be tolled, or extended, until the party takes some sort of action to address the fraud. If an individual is falsely accused of fraud, then they are required to file a motion to dismiss the lawsuit within 60 days of receiving the complaint. If the motion is filed later, the case may still proceed, but with a shorter statute of limitations for the defendant to file a counter-claim. For certain types of fraud, such as for cases involving a fiduciary, the statute of limitations can extend up to four years depending on the type of fraud and when it was discovered. It is important to note that statutes of limitations may differ between civil and criminal fraud. Therefore, it is always best to contact a legal professional if you have any questions or concerns about the statute of limitations for civil fraud in California.
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