CA · jury_instructions
CACI No. 1925
Affirmative Defense—Statute of Limitations—Fraud or
Mistake
[Name of defendant] contends that [name of plaintiff]’s lawsuit was not
filed within the time set by law. To succeed on this defense, [name of
defendant] must prove that [name of plaintiff]’s claimed harm occurred
before [insert date three years before date of filing].
[If [name of defendant] proves that [name of plaintiff]’s claimed harm
occurred before [insert date three years before date of filing], [name of
plaintiff]’s lawsuit was still filed on time if [name of plaintiff] proves that
before that date, [he/she/ nonbinary pronoun/it] did not discover facts
constituting the fraud or mistake, and with reasonable diligence could
not have discovered those facts.]
New April 2008
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
f89fc0ca1d0a5d84474ab848819310c6696fdba935e8964c72c0222976ec8a6c
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