Stella v. Asset Management Consultants, Inc.

Plaintiff could not rely on the delayed discovery rule to toll the limitations period on his fraud claim, because memoranda dating to the time of the alleged fraud—which were presented as part of plaintiff’s own evidence—disclosed the very facts which gave rise to the claim.  Stella claimed defendants defrauded him in connection with selling him…

Communities for a Better Environment v. Bay Area Air Quality Management Dist.

Delayed discovery cannot be used to circumvent a limitations period triggered by events giving prospective plaintiffs constructive knowledge of their claim, such as, here, the 180-day limitations period for suing to challenge a public entity’s failure to comply with the California Environmental Quality Act.  Delayed discovery does not toll the 180-day limitations period for suing…