Of everything I have read regarding our judicial system this book has been the most helpful and happens to be relevant to the Applegate lawsuit, especially the parts on statutes of limitations
You need to know the date the incident occurred (a question of fact) and the applicable Statute of Limitations (a question of law). But you also need to know the date the legal claim accrued. The “accrual date” is the date your case became a legally viable legal claim. In other words, it is the first date you would be allowed to file your lawsuit….Statutes of Limitation dictate the strict deadlines for filing a lawsuit, and missing this deadline means you’re barred from filing. Some SOLs are two years while others may be three years or even longer. This period of time is known as the limitations period. (page 38)
If you file after the applicable statute of imitations expires, your case will probably be dismissed with prejudice, which means you cannot file it again. In other words, if you don’t file in time, you will be forever barred from filing your lawsuit. There is no wiggle room for judges to give someone a break. (page 211)
In the case of APPLEGATE CONDOMINIUM ASSOCIATION, INC. v. APPLEGATE ESTATES, LLC Et Al , filed July 14, 2025*, your lawyers filed an amended complaint on July 27, 2026 that included:
At various times, the Defendant attempted to complete, repair, correct, remediate, and cure the above defects, in accordance with, and as part of a continuing course of conduct to satisfy, its warranty obligations to the Plaintiff. Defendant made such attempts at various times between February 2023 and September 2023. Consequently, Plaintiff’s cause of action accrued on or about September 17, 2023. (page 2)
Apparently the SOL in this case is two years so it is being argued that Mastrianni’s “attempts” to correct the situation caused the claim to accrue.
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** Fun fact: the Resale Certificate when we bought in was as of July 29, 2025 and included:
