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68 Calif. L. Rev. 106 (1980)
Accrual of Statutes of Limitations: California's Discovery Exceptions Swallow the Rule

handle is hein.journals/calr68 and id is 124 raw text is: Accrual of Statutes of Limitations: California's Discovery Exceptions Swallow the Rule Statutes of limitations bar tardy lawsuits. The California legisla- ture has been precise in establishing different time periods after which redress for different types of legal injuries is prohibited.' But it has generally left the question of when these limitation periods begin, or accrue, for determination by the courts.' This determination has great practical significance since statutes of limitations are frequently in- voked and, once applied, have the drastic consequence of completely blocking a plaintiffs access to legal relief. This result is particularly harsh in the case of the plaintiff who, despite reasonable diligence, fails to discover the fact of injury within the limitations period. This Comment examines the development of limitation accrual in California and demonstrates that current doctrine as stated is seriously at odds with current doctrine as applied. After exploring the reasons for this tension, the Comment concludes that change in the rhetoric of accrual law is warranted to align description with reality. Finally, the Comment considers the possibility of legislative reaction and suggests that this contingency supports rather than opposes restatement of ac- crual doctrine. EVOLUTION OF CALIFORNIA ACCRUAL LAW The basic principle governing the accrual of limitation periods states that they run from the date of injury.3 This date is not only rela- 1. Limitation periods range from the 30 days allowed for commencement of challenge to certain municipal taxes, CAL. CIV. PROC. CODE § 349 (West 1954), to the 10 years permitted for the initiation of suit against real property developers. Id. § 337.15 (West Supp. 1979). See note 63 infra. Commonly invoked limitations are the four years permitted for actions on written con- tracts, id. § 337, two years upon oral contracts, id. § 339, and one year for tort actions, Id. § 340.1. 2. Code of Civil Procedure § 312 states that Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by stat- ute. The section does not define that point at which the cause of action accrues. Neel v. Magana, Olney, Levy, Cathcart & Gelfand, 6 Cal. 3d 176, 192 n.30, 491 P.2d 421,430 n.30, 98 Cal. Rptr. 837, 846 n.30 (1971). The legislature has specified accrual times for certain legal injuries. See notes 61-65 and accompanying text infra. 3. It is the date of the act and fact which fixes the time for the running of the statute. Cases of hardship may arise, and do arise, under this rule, as they arise under every statute of limitations; but this, of course, presents no reason for the modification of a

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