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Archive: 2020

California Appellate Court Holds One-Year Statute of Limitations Applies To Disgorgement Claims Under Section 7031(b)

Posted September 9, 2020News

On August 29, 2020, in Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, Inc., the California Appellate Court for the Second Appellate District held that a one-year statute of limitations applies to disgorgement claims under California Business and Professions Code section 7031, and that the discovery rule does not apply to such claims.  In other words, the court held that a section 7031(b) disgorgement claim accrues one year after the completion or cessation of the performance of the act or contract at issue. 

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