California Appellate Panel Rejects Stacking Multiple Tolling Periods

(March 16, 2020, 1:02 PM EDT) -- SANTA ANA, Calif. — Citing the rule established in China Agritech, Inc. v. Resh by the U.S. Supreme Court, a California appellate panel ruled March 12, in an individual case seeking to toll claims while two national class actions were pending, “that multiple tolling periods cannot be ‘stacked’ here to extend a statute of limitations,” noting that the opinion was being published “because no other California court has addressed multiple tolling since China Agritech, and we feel publication will facilitate appellate discussion in case we have it wrong” (Gabriel Montoya v. Ford Motor Company, No. G056752, Calif. App., 4th Dist., Div. 3, 2020 Cal. App. LEXIS 205)....

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