Yesterday, in its notice of forthcoming filings, the Supreme Court announced that this morning it will hand down its opinion in Aryeh v. Canon Business Solutions, Inc., no. S184929. When the opinion is posted online at approximately 10:00 a.m., is should be available at this link:
- Aryeh v. Canon Business Solutions, Inc., ___ Cal.4th ___ (2013)
These are the issues on review in the case, which was argued on December 4, 2012:
(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?
With one justice dissenting, the Court of Appeal found each doctrine inapplicable. 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. Links to the briefs are available here.
I will hope to have more on the opinion in a later post.