4421. Affirmative Defense Statute of Limitations Three-Year Limit (Civ.Code, § 3426.6)

4421. Affirmative Defense--Statute of Limitations--Three-Year Limit (Civ. Code, § 3426.6) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [name of plaintiff]'s lawsuit was not filed within the time set by law. To succeed on this defense, [name of defendant] must prove that the claimed misappropriation of [name of plaintiff]'s trade secrets occurred before [insert date three years before date of filing]. However, the lawsuit was still filed on time if [name of plaintiff] proves that before [insert date three years before date of filing], [he/ she/it] did not discover, nor with reasonable diligence should have discovered, facts that would have caused a reasonable person to suspect that [name of defendant] had misappropriated [name of plaintiff]'s [select short term to describe, e.g., information]. ________________________________________________________________________________ New April 2009