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Equity favors the vigilant, don't sleep on your rights!

11/17/2014

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When an event that causes you harm occurs, a clock starts ticking known as a statute of limitations.  A statute of limitations is a period of time within which you must file a lawsuit or else your claim will be barred as a matter of law.  

The purpose of a statute of limitations is to require the "diligent prosecution of known claims thereby providing necessary finality and predictability in legal affairs, and ensuring that claims will be resolved while the evidence bearing on the issues is reasonably available and fresh." Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Webb) (1977) 19 Cal.3d 329, 336.  "The theory is that even if one has a just claim it is unjust not to put the adversary on notice to defend within the period of limitation and that the right to be free of stale claims in time comes to prevail over the right to prosecute them."  Gutierrez v. Mofid (1985) 39 Cal.3d 892, 898.

There are different statutes of limitations for different claims.  Accordingly, you must file your claims within the applicable statute of limitations or else you may have waived your opportunity to successfully prosecute your claim.  

Some of the more common claims and their associated statute of limitations are as follows:

Breach of Written Contract: 4 years (Cal. Civ. Proc. Code § 337)
Breach of Oral Contract: 2 years (Cal. Civ. Proc. Code § 339)
Fraud: 3 years (Cal. Civ. Proc. Code § 338)
Personal Injury: 2 years (Cal. Civ. Proc. Code § 335.1)
Defamation: 1 year (Cal. Civ. Proc. Code § 340)
Wage and hour violations: 3 years for wage based claims and 1 year for statutory penalties

It is important to understand that the statute of limitations will begin to accrue or start running upon the happening of the event or incident that causes you injury, unless an exception applies.  For instance, the statute of limitations for a fraud claim may not begin to run until you have discovered the facts underlying your claim for fraud.  The rules and exceptions for the various statutes of limitations can be confusing. That is why it is important to contact an attorney to help you determine whether your claim is viable or not if you think you might have waited too long to take action.  You never know, an exception may apply or it may be possible to bootstrap your claim to another claim to defeat the statute of limitations in question.

Bottom line: if you are harmed, damaged, or injured, do not wait to enforce your rights.  Contact an attorney right away so that all of your rights remain intact and enforceable.  If you have any questions regarding the applicable statute of limitations for your claim, do not hesitate to contact Paschall Law to discuss.

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Welcome to the Paschall Law Blog!

11/16/2014

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After 5 years as an Associate Attorney working directly with the partners of Stark & D'Ambrosio, LLP, I decided to go my own way and open Paschall Law.  My vision for Paschall Law is to separate from other full service law firms by producing exceptional work product while providing personalized customer service, all at an affordable rate.  This is all possible by utilizing state of the art case management software which allows clients to stay informed regarding every aspect of their legal matter. The resulting streamlined communications allows me to focus the vast majority of my efforts on my clients' legal matters.

I am dedicated to seeking justice and results for those that allow me to fight for them, and I am beyond appreciative to all of those people who give me the opportunity.  I also want to take this moment to thank all of those who have supported me along the way.  You know who you are and I am forever indebted. Paschall Law is here!

I will use this blog to discuss legal issues that I believe more people should know about.  Additionally, I will utilize this blog to post answers to general legal questions that I received.  To that end, feel free to send legal inquiries to me at patrick@paschalllaw.com, and I will answer the questions as soon as possible. Thank you. 

- Patrick
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    Patrick Dodger Paschall has been a practicing attorney since 2009.

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