Rancho Santa Margarita, CA asked in Contracts, Employment Law and Arbitration / Mediation Law for California

Q: union-assigned atty really did sabotage case as a favor... doesn't newly found evidence get around a timing limitation?

Mandamus atty & I expect current discovery to show that union-assigned atty (likely at the bosses' direction) did favors for a County dept in the way my case was handled (intentional sabotage). We don't know whether the favor requests went thru the union, but it is possible. The "arbitration was final" end of representation was 11/19. Problem: I see that I would only have 6 months to sue?!?! Isn't there an exception for later found evidence? Also, couldn't that be Breach of Contract? Any other categories? Also, could the now retired dept heads who crossed that line, could they be sued, too? We expect judge to order discovery any day now.

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: This is a question best answered by your present attorney who can better understand the factual and legal basis for your claims.

That said, the statute of limitations usually is not tolled (i.e., put on hold) by a failure to find evidence, nor is it usually opened again by the discovery of new evidence. It usually is triggered by the wrongful act itself, or when you knew or should have known through diligent effort, that the wrong was committed. For instance in a fraud claim the fraud cause of action SOL will start upon discovery of the fraud, not discovery of new evidence of the fraud.

This is a very complicated area and you need precise legal advice from an attorney who can be allowed to know all of the facts and circumstances of your situation.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.