Legal Question in Civil Litigation in California
If I negotiate an out of court settlement with 3 companies (that work together) I plan on suing, with 10 causes of actions, and 2 of those causes of actions have already expired on 1 of those companies, during the negotiating process, if that company agrees, can we stipulate to Agreement to Extend the Statute of Limitations (S.O.L.) on that one company with the 2 expired Statute of Limitations.
or is there another process by which to save the expired statute of limitations, so that company doesn't demurr on that S.O.L.
I dont think I can use the relation-back doctrine, because its not the same party, and not same damage.
4 Answers from Attorneys
The relations back doctrine only applies to a lawsuit already filed and if the statute of limitations has expired on any of the causes of action, it is too late to file a lawsuit containing those causes of action. In addition, if you settle, most likely, you will be required to sign an agreement agreeing to waive any and all claims against the parties to the agreement including all claims whether known or unknown.
Why not just make it clear that that particular cause of action does not apply to the company to which the statute of limitations has already expired? That is done all the time. You can sue multiple parties for different things, so you don't have to include the party against which the SOL expired in those two causes of action.
I don't see anybody or any company in its right mind willingly agreeing to extend a statute of limitations, but you can try. If the claim were against you, would you voluntarily agree to open yourself up to more potential liability?
I agree with Ms. Karila. Parties can agree to toll the limitations period (in other words, to make the clock stop ticking) before it expires, but not after.
You sue now, before the statute of limitations runs. You are not allowed to split your causes of action, and sue a defendant for some things now, and other things later. Any attorney that tells you that you can do this is wasting your time.