NORGART v. UPJOHN CO.

No. S071633.

87 Cal.Rptr.2d 453 (1999)

981 P.2d 79

21 Cal.4th 383

Leo NORGART, Individually and as Administrator, etc., et al., Plaintiffs and Appellants, v. The UPJOHN COMPANY, Defendant and Respondent.

Supreme Court of California.

August 16, 1999.


Attorney(s) appearing for the Case

Peter Ticktin & Associates, Peter Ticktin, Boca Raton, FL, Caron Speas, Miami Beach, FL; and Marc Stern for Plaintiffs and Appellants.

Sedgwick, Detert, Moran & Arnold, Michael F. Healy, Frederick D. Baker, Kathryn H. Edwards and Kirk C. Jenkins, San Francisco, for Defendant and Respondent.

Hugh F. Young, Jr.; and Harvey M. Grossman, Chicago, IL, for the Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Defendant and Respondent.

Haight, Brown & Bonesteel, Roy G. Weatherup, William J. Sayers and Caroline E. Chan, Santa Monica, for the Center for Claims Resolution as Amicus Curiae on behalf of Defendant and Respondent.

Horvitz & Levy, Frederic D. Cohen, Encino, and Wendy S. Albers, Los Angeles, for California Medical Association, California Dental Association and California Healthcare Association as Amici Curiae.


MOSK, J.

Under the statute of limitations, a plaintiff must bring a cause of action within the limitations period applicable thereto after accrual of the cause of action. The general rule for defining the accrual of a cause of action sets the date as the time when the cause of action is complete with all of its elements. An exception is the discovery rule, which postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause...

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