California Court of Appeal

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HOGAR v. CMTY. DEV. COMM'N OF THE CITY OF ESCONDIDO, D039163

Under the applicable statute of limitations, the trial court could only order reimbursement of the Housing Fund for a period commencing three years before plaitiff's complaint was filed. Where no individual has asserted any individual loss, a public entity's violation of a statutory duty has been disclosed in public hearings and public records, the discovery rule is not necessary to protect the plaintiff's substantial rights.

Appellate Information

  • Decided 07/29/2003
  • Published 07/29/2003

Judges

  •  BENKE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  San Diego Advocates for Social Justice, Catherine A. Rodman, Post, Kirby, Noonan and Sweat and R. Bruce Wayne, San Diego, for Plaintiff and Appellant.

  • For Appellees:
  • Jeffrey R. Epp, City Attorney, Jennifer K. McCain, Assistant City Attorney;  Hogan, Guiney, Dick and Michael M. Hogan for Defendants and Appellants.
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