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Statute of limitations for business lawsuits?

Sacramento, CA |

What is the SoL to bring a provate lawsuit for unfair competition or unfair profits based on disclosure of confidential information (trade secrets)?

Attorney Answers 4

  1. Statute of limitation questions turn sometimes on very small details. However, generally violation of a statute is three years in California.

    Do not make a decision that could impact your income on a quick internet question, and quick answer. You should fully discuss with an attorney before proceeding.

  2. See a CA lawyer specializing in IP if this occurred in CA. The SOL may depend on when the misappropriation was discovered or may depend on when the misappropriation occurred, depending on where this occurred. Your post says you are in Sacremento. Look up Attorney Daniel Ballard of Sacremento on Avvo and give him a call

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

  3. The statute of limitations for unfair competition under California Business and Professions Code 17200 is four years, but for employment claims can be only three years.

    The time for bringing an action for misappropriation of a trade secret in an action under the Uniform Trade Secrets Act (UTSA) is three years (Civ. Code § 3426.6).

    The time for bringing an action for misappropriation of a trade secret in a common law action appears to be two years (Code Civ. Proc. § 339(1); see Davies v. Krasna (1975) 14 Cal. 3d 502, 508.)

    Claims for intentional interference with prospective advantage are subject to a two-year limitations period. (Code Civ. Proc., § 339; Guess, Inc. v. Superior Court (1986) 176 Cal.App.3d 473, 478.)

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  4. You should retain good legal counsel. While the period of limitations is important, the accrual of the cause of action - which starts the limitations period - will turn on the facts of your case (e.g., when you discovered or should have discovered the wrongdoing). Skillful lawyers will plead your case in a way that will give you the best chance of being permitted to pursue it. Get someone good to represent you.

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