The UCL Practitioner
Monday, April 26, 2004
UCL statute of limitations question
As touched upon elsewhere, the UCL's "unlawful" prong "borrows" violations of other laws (state or federal, statutory or court-made) and makes them independently actionable. If the "borrowed" law's statute of limitations differs from the UCL's 4-year statute of limitations (see Bus. & Prof. Code section 17208), which statute governs? UCL practitioners know the answer is the UCL's 4-year statute of limitations, as the Court of Appeal implicitly acknowledged in a recent decision, Taiheiyo Cement Corp. v. Superior Court, ___ Cal.App.4th ___ (Mar. 30, 2004) (fn. 10). This rule makes sense because the UCL can "borrow" any law regardless of whether it creates a private right of action, much less adopts a limitations period. Bear in mind, too, that the UCL's 4-year statute is probably subject to the delayed discovery rule.
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