Last week, the Supreme Court issued its oral argument calendar for December. On December 4, 2012 at 9:00 a.m. in Los Angeles, the Court will hear argument in Aryeh v. Canon Business Solutions, Inc., no. S184929.
The issues on review in Aryeh, according to the docket, are as follows:
(1) May the continuing violation doctrine, under which a defendant may be held liable for actions that take place outside the limitations period if those actions are sufficiently linked to unlawful conduct within the limitations period, be asserted in an action under the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.)?
(2) May the continuous accrual doctrine, under which each violation of a periodic obligation or duty is deemed to give rise to a separate cause of action that accrues at the time of the individual wrong, be asserted in such an action?
(3) May the delayed discovery rule, under which a cause of action does not accrue until a reasonable person in the plaintiff's position has actual or constructive knowledge of facts giving rise to a claim, be asserted in such an action?
On a 2-1 vote, the Court of Appeal found none of these doctrines applicable to the case before it. Aryeh v. Canon Business Solutions, Inc., 185 Cal.App.4th 1159 (2010). My earlier coverage of the case can be found in these two posts. The Supreme Court's opinion will be important because the lower courts are currently divided on whether the delayed discovery rule applies in UCL cases.
If anyone has copies of the merits and amicus briefs, I would appreciate receiving copies of them. Additionally, I will be seeking a Southern California correspondent to provide a report on the argument, so please let me know if you are available and interested in attending on December 4.