A California appellate court said the one-year limitations period to bring a legal malpractice claim must be tolled when an injured worker alleges that her disabilities restrict her ability to file a complaint, at least for purposes of demurrer.
A demurrer challenges the legal sufficiency of the pleading, and a court must accept the allegations as true for purposes of ruling.
The 1st District Court of Appeal said that at this point in proceedings, it is sufficient for an injured worker to claim that her disabilities affected her ability to file a complaint. No case law or statutory aut...
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