N. Robert Nielson, Inc. v. Morre, Grider & Co. CA5
Plaintiffs and appellants, N. Robert Nielsen, Inc. and N. Robert Nielsen, Jr., filed the underlying action for breach of contract and negligence against defendants and respondents, accountants Moore, Grider & Company and Cory Bell. The trial court granted summary judgment in respondents’ favor on the ground that the two-year statute of limitations for a claim based on an accountant’s professional negligence barred the complaint.
Appellants contend the trial court erred because there were triable issues of material fact regarding when they discovered the alleged negligence and/or suffered damages. Appellants further argue that respondents did not properly raise the statute of limitations defense in their answer and that the trial court abused its discretion when it allowed respondents to amend that answer. The trial court did not err as claimed by appellants. Therefore, the judgment will be affirmed.
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