STATUTES OF LIMITATIONS: DELAYED DISCOVERY
Unruh-Haxton v. Regents of the University of California (2008) 162 Cal.App.4th 343, 76 Cal.Rptr.3d 146
Several patients who received fertility treatments filed an action against a medical center and the University of California, alleging that their physicians had been stealing and selling human genetic material including eggs and pre-embryos. Asserting causes of action for fraud, conversion and intentional infliction of emotional distress, the plaintiffs alleged that they were unaware they were potential victims until several years after receiving the treatments.
The trial court sustained the defendants’ demurrers, taking upon judicial notice of approximately 100 news articles and press releases regarding the scandal, determining that the plaintiffs should have suspected wrongdoing, (i.e., constructive suspicion), much sooner than alleged in the complaints. However, the court of appeal reversed, holding that the media coverage alone did not, as a matter of law, establish constructive suspicion on the part of the plaintiffs:
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