Business

Could someone elaborate on this for me?

Mental Disability / Incompetence: CCP Section 352(a)

Insanity: If plaintiff was “insane” (mentally incompetent) at the time of (or because of) the tortuous wrongdoing, the statute of limitations is suspended (tolled, clock stops) for as long as the mental incompetence continues [Tzolov v. International Jet Leasing, Inc. (1991) 232 Cal.App.3d 117].

For purposes of CCP Section, a plaintiff is "insane" if "incapable of caring for his [or her] property or transacting business or understanding the nature or effects of his [or her] acts...." [Pearl v. Pearl (1918) 177 Cal. 303, 307].

Nathan’s Answer

If someone was say, in a coma after the right to sue accrued, the fact he didn't file a lawsuit in the time limit afforded by the law may be forgiven by the number of days the person was in a coma. These exceptions may not always exist for suits against government.

Please follow & like us 🙂

Posted in Uncategorized.

Leave a Reply

Your email address will not be published.