Statute of Limitations and Laches
In California, a breach of contract action must be filed within 4 years from the time or notice of the breach, CCCP Section 337. Personal injury claims must be filed within 2 years. Some Employment law wage & hour claims have 3-4 years, and FEHA discrimination claims have 1 year generally.
Breach of Contract, Laches discussed below.A contract is typically a) in writing b) between two or more parties c) where there is some exchange where one party gives money and the other gives a service or a good or land d) and usually has some end date. Sometimes a contract can be oral (although not recommended because of its inherent difficulty in proving up the details and terms of the agreement), and others are implied by the conduct of the parties. However, most people have a fair understanding of what a contract means. Depending on the facts of the circumstances, the statute of limitations might start from the date of the actual breach if notice can be presumed or at other times it can be argued that it should begin on the date of actual notice, especially if the breach was hidden and difficult to find out.
Personal Injury and discussion about LachesOnce injured in a car accident or other form of incident, a person has two years to file for a claim to recover for damages. The reasons for statute of limitations is that the courts want people to assert their rights in fairness while evidence is fresh and everyone still remembers most of what actually occurred.
Where a statute of limitations attempts to preserve fairness at law, laches is fairness in equity. What that means is significant. Basically, although the statute of limitations might say you have 4 years for a breach of contract, if the courts decide 3 years is too long for your particular case, then laches prevents you from bringing a suit even within the SOL. Same thinking as above. Laches takes effect if the judge decides upon weighing of the facts that it just seem really unfair to bring the suit later than you could or should have. The specific facts of your particular case will be used to make this determination whereas straight SOL is based on statute.
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