What is the statute of repose for civil fraud?
In California, the statute of repose for civil fraud is found in the California Code of Civil Procedure, Section 338(d). This section states that the statute of repose for civil fraud claims is three years from the date of discovery of the fraud or from the date that should have reasonably been discovered. The statute of repose for civil fraud is different than the statute of limitations for civil fraud claims. The California Code of Civil Procedure, Section 338(a) states that the statute of limitations for civil fraud claims is two years from the date of discovery of the fraud or from the date it should have been reasonably discovered. It is important to note that the statute of repose and the statute of limitations may interact when it comes to filing a civil fraud claim in California. If the statute of limitations for a civil fraud claim has not yet been met, it does not mean that the plaintiff has until the end of the repose period. A plaintiff must still file the civil fraud claim within two years of discovering the fraud or reasonably discovering it. However, if the statute of limitations has expired, the repose period may still be available for a plaintiff who has not yet discovered the fraud or reasonably discovered it. The civil fraud claim must still be filed within the three-year period from when the plaintiff should have reasonably discovered the fraud. In summary, the statute of repose for civil fraud claims in California is three years from the date of discovery of the fraud or from the date it should have reasonably been discovered. If the statute of limitations has already passed, the plaintiff may still have three years to file a civil fraud claim under the repose period.
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