WEATHERLY v. UNIVERSAL MUSIC PUB. GROUP

No. B170395.

23 Cal.Rptr.3d 157 (2004)

125 Cal.App.4th 913

James D. WEATHERLY, Plaintiff and Appellant, v. UNIVERSAL MUSIC PUBLISHING GROUP, Defendant and Respondent.

Court of Appeals of California, Second District, Division 8.

Review Denied April 20, 2005.


Attorney(s) appearing for the Case

Spellberg & Kornarens, Anthony Kornarens, Santa Monica, for Plaintiff and Appellant.

Mitchell Silberberg & Knupp, Russell J. Frackman, Jeffrey D. Goldman and Nicole L. Harris, Los Angeles, for Defendant and Respondent.


Certified for Partial Publication.*

COOPER, P.J.

In this appeal, we reject the argument that an unexercised contractual right to conduct an audit necessarily demonstrates a lack of diligence for purposes of the delayed discovery doctrine. We reverse the award of summary judgment, which the trial court based on a contractual limitations period. We also reverse an order of the trial court sustaining, without leave to amend, a demurrer...

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