· 5/11/1983
Collier v. City of Pasadena
Citations
- 142 Cal. App. 3d 917
- 191 Cal. Rptr. 681
- 1983 Cal. App. LEXIS 1710
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a party is not entitled to equitable tolling unless that party acted reasonably and in good faith to assert his claims during the limitations period
- holding that a party is not entitled to equitable tolling unless that party acted reasonably and in good faith to assert his claims during the limitations period
- noting that, “if the plaintiff deliberately misled the defendant into believing the second claim would not be filed, that action might be deemed to constitute bad faith”
- discussing indicia courts may consider in assessing good faith, and ruling that waiting to file a second action does not necessarily demonstrate a lack of good faith
- noting that the first element of equitable tolling requires that a \first claim must have been filed within the statutory period” that \alert[ed] the defendant in the second [action] of the need to begin investigating the facts which form the basis of the second claim”
- providing 1 federal civil rights action was not equitably tolled by the plaintiff’s previous filing of state tort 2 claims based upon related facts because they address different “wrongs”
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.