s/l Flashcards
SOL nmymonic
D
P
O
U
WP
Defamation and libel
1 year
Personal injury and fraud
2 years
Oral k
3 years
Ucc k
4 years
Written contract not ucc
5 years
If not signed, 3 years
Property injury
5 years
Distress action
5 years
ejectment actio
15 years
Easement by prescription
20
Adverse possession real property
15 years
Adverse possession personal property
5 years
Unlawful detainer
3 years
When does the SOL time start accruing
When injury occurs
Exceptions to general accrual rule
Fraud - when discovered or reasonably should have been discovered
Failed diagnosis - 1 year within discovery
What happens to SOL if injury occurs to a minor or a disabled person?
Tolled until adult or disability ends
What happens to SOL for a minor in a med mail case?
2 year SOL
If younger than 8, you have until 10 to sue
What happens to SOL if doctor tried to hide or fix the injury?
Tolled during period the plaintiff reasonably assumed it would heal
What happens to SOL is someone dies?
Tolled for 1 year
2 years if C/A occurs after their death
What happens if you need to change a party?
RELATION BACK - SOL relates back to OG Filing
same transaction or occurrence
New party had notice
New party not prejudiced
New party known or should have known
What if you need to add a claim?
RELATION BACK
Same TO
Reasonable diligence
Opposing party not substantially prejudiced
Laches
Affirmative defense
P waited to long to bring claim
Unfair to D
When would laches apply
Equitable claims with no SOL
discretionary call by judge
what to consider for laches
