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CACI No. 4421

Affirmative Defense—Statute of Limitations—Three-Year

activein force · 2025-01-01 – presentcompiled-edition

Limit (Civ. Code, § 3426.6)

[Name of defendant] claims 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 the claimed misappropriation of [name of

plaintiff]’s trade secrets occurred before [insert date three years before date

of filing].

However, the lawsuit was still filed on time if [name of plaintiff] proves

that before [insert date three years before date of filing], [he/she/ nonbinary

pronoun/it] did not discover, nor with reasonable diligence should have

discovered, facts that would have caused a reasonable person to suspect

that [name of defendant] had misappropriated [name of plaintiff]’s [select

short term to describe, e.g., information].

New April 2009

Provenance

Source
courts.ca.gov
Retrieved
2026-08-20
Edition
caci-2025
Content hash
40a5744229b67048dde5582d5faee62881dde627105b6fc58b46fce67cf53355
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