California Discovery Rule Applies to State in Experian Breach

The California government can lean on a state rule to extend the statute of limitations to when a claim could have reasonably been discovered, a state appeals panel ruled Friday.

The ruling unravels a victory for Experian PLC in an Unfair Competition Law case brought by the San Diego city attorney over a massive data breach. California’s Court of Appeal, Fourth District, ruled that a trial court erred when it granted Experian’s motion to preclude evidence of civil penalties based on the statute of limitations, according to an opinion.

The discovery rule postpones the accrual of a cause of ...