eBook details
- Title: April Enterprises Inc. V. Kttv
- Author : Second Appellate District, Division Seven Court of Appeal of California
- Release Date : January 05, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
The plaintiff, April Enterprises, (April) appeals from a judgment dismissing its complaint without leave to amend. Three issues are presented on appeal: first, whether plaintiff has pleaded a cause of action for breach of the implied covenant of fair dealing in a contract; next, whether plaintiff has pleaded a cause of action for breach of fiduciary duty of a joint venturer; and, finally, whether either cause of action is barred by applicable statutes of limitations. We hold, first, appellant's complaint sufficiently alleges both causes of action; and, secondly, the statute of limitations was tolled on both causes of action until appellant reasonably could have discovered the injury at issue.