Q: Statue of limitation on fraudulent misrepresentation, concealment client & the court

What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate. And what are the certain elements or situations that can toll the statue of limitation? Concerning intestate succession and fraud?

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).

However, in cases involving fraud on the court, the statute of limitations may be extended or tolled (i.e., paused) under certain circumstances. Some situations that may toll the statute of limitations include:

1. The Discovery Rule: If the plaintiff did not discover the fraud, and could not have discovered it through reasonable diligence, the statute of limitations may be tolled until the plaintiff actually discovers or should have discovered the fraud.

2. Fraudulent Concealment: If the defendant actively conceals the fraud, preventing the plaintiff from discovering it, the statute of limitations may be tolled until the plaintiff discovers or should have discovered the fraud.

3. Equitable Tolling: In some cases, courts may apply the doctrine of equitable tolling to pause the statute of limitations if the plaintiff can show that they were prevented from filing a timely claim due to extraordinary circumstances beyond their control.

4. Probate Code Limitations: In cases involving intestate succession and probate, the California Probate Code may provide specific time limits for contesting a will or challenging the distribution of assets. These time limits may be different from the general statute of limitations for fraud.

It's important to note that the specific circumstances of each case will determine whether the statute of limitations has been tolled and for how long. Consulting with an experienced attorney who practices in probate, estate, and fraud matters is recommended to evaluate the particular facts of your situation and determine the applicable statute of limitations and any potential tolling provisions.

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