Legal Question in Civil Litigation in California

Let's say that someone lost his real property valued at over $1,4000,000 from lies and trickery at a hearing. That person did not have any evidence to prove his case. A few years pass and the statutes of limitations runs out. Then out of the blue that person finds evidence that was never brought up in court. This evidence clearly shows that person would have won his case if it was brought up at the hearing. This evidence clearly shows that he was a victim of fraud. Can the statutes of limitations start over again at this point and last for another three years because of fraud?


Asked on 7/31/11, 4:08 pm

1 Answer from Attorneys

Without knowing what kind of proceeding was involved there is no way to say if there is any way to reopen it. Generally once a final judgment is entered and the time for appeal runs out, everything is over and done with. There are exceptions in some kinds of cases, most notably family law. Also, statutes of limitations only apply to the deadline for starting a case. If someone lost property in a ruling in a case, that would mean the limitations period was a moot issue by then.

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Answered on 7/31/11, 4:52 pm


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