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Procedural Posture

Procedural Posture

In a suit by plaintiff against defendants for alleged fraudulent acts occurring in 1990, the San Diego County Superior Court (California) granted defendants’ motion for summary judgment on the basis that the action was time barred. Plaintiff appealed.

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Plaintiff argued the trial court erred in determining his causes of action were time barred. He contended the date of the accrual of his causes of action was a factual issue and should have been decided at trial. The instant court disagreed. The only legitimate inference based on the uncontroverted facts was that in September 1990 a reasonable person in plaintiff’s position would have concluded he was injured as the result of defendants’ wrongdoing. Defendant record company had agreed to pay plaintiff $ 50,000 in the form of a check made payable to him. However, defendant record company made the check out to plaintiff’s courier without clearing the matter first with plaintiff. Discovery and/or investigation concerning the events would have revealed the fraud and the statute of limitations had begun to run. Plaintiff was thus on inquiry. Accordingly, plaintiff’s suit for fraud filed against defendants in 1999 was time barred.


Judgment was affirmed. Defendants were awarded costs on appeal.

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