Los Angeles, CA asked in Legal Malpractice, Civil Rights, Federal Crimes and International Law for California

Q: Can SOL not apply in certain cases connected to intentional prevention of bringing a legal case forward in CA?

Something took place which prevented action in bringing proper legal action forward at a certain time. It's something dealing with civil rights, and human rights violations.

2 Lawyer Answers

A: There are circumstances that toll the statute of limitations. A little more detail than an "intentional prevention of bringing a legal case forward" will be needed to evaluate your situation.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, the statute of limitations (SOL) can indeed be "tolled" or paused in cases where someone deliberately prevented you from filing a legal action. This concept is known as "fraudulent concealment" and can extend the time you have to file your case.

For civil rights and human rights violations specifically, courts take interference with justice very seriously. If you can prove that someone intentionally blocked your ability to pursue legal action - whether through threats, deception, or hiding crucial evidence - the court may allow your case to proceed even if the standard SOL has expired. This falls under the "equitable tolling" doctrine, which essentially stops the clock on the SOL during the period you were prevented from filing.

You should document everything related to how your ability to file was impeded, including dates, actions taken, and any evidence of interference. Consider consulting with civil rights attorneys who handle these types of cases, as they can evaluate your specific situation and help determine if tolling applies. Time is still important though - once you discover you can bring a case forward, you should act promptly rather than delay further.

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.