January 23, 2013

Unfair Competition Law statute of limitations opinion filing tomorrow

The Supreme Court will file tomorrow its opinion in Aryeh v. Canon Business Solutions, Inc., which was argued at the beginning of last month. The case raises these issues: (1) May the continuing violation doctrine, under which a defendant may be held liable for actions that take place outside the limitations period if those actions are sufficiently linked to unlawful conduct within the limitations period, be asserted in an action under the Unfair Competition Law (Bus. & Prof. Code, section 17200 et seq.)? (2) May the continuous accrual doctrine, under which each violation of a periodic obligation or duty is deemed to give rise to a separate cause of action that accrues at the time of the individual wrong, be asserted in such an action? (3) May the delayed discovery rule, under which a cause of action does not accrue until a reasonable person in the plaintiff’s position has actual or constructive knowledge of facts giving rise to a claim, be asserted in such an action?

The opinion will be available at 10:00 a.m. on the court’s website.

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