Cited by
Opinions in Arizona that cite Doe v. Roe, 955 P.2d 951.
- NIEBLAS v. BONITAS CASITAS Ariz. Ct. App. Div. 1 2026
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NIEBLAS v. BONITAS CASITAS
Ariz. Ct. App. Div. 1 2026
¶ 34 (1998); Wells Fargo Bank v. Ariz. Laborers, Teamsters and Cement Masons Local No. 395 Pension Tr.
- Brenden Kapusta v. Dr. Bryce Bennett, Oasis Psychological Services, Bianca Boling Ariz. Ct. App. Div. 2 2026
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Brenden Kapusta v. Dr. Bryce Bennett, Oasis Psychological Services, Bianca Boling
Ariz. Ct. App. Div. 2 2026
The statute begins to run when “the plaintiff knows or with reasonable diligence should know the facts underlying the cause.”
- Mayo Clinic v. Doe Ariz. Ct. App. Div. 1 2025
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Mayo Clinic v. Doe
Ariz. Ct. App. Div. 1 2025
See, Mobilisa, ¶ 1 n.1 (App. 2007) (“The trial court allowed plaintiff Jane Doe to proceed pseudonymously.
- Shamamian v. Davis Miles Ariz. Ct. App. Div. 1 2025
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Shamamian v. Davis Miles
Ariz. Ct. App. Div. 1 2025
A. Discovery Rule ¶13 Under the discovery rule, a claim “does not accrue until the plaintiff knows or with reasonable diligence should know the facts underlying the cause.” ¶ 29 (1998) (citation omitted) (emphasis added).
- Weber v. Kory Ariz. Ct. App. Div. 1 2025
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Weber v. Kory
Ariz. Ct. App. Div. 1 2025
¶ 32 (1998); Tovrea Land &
- Strickland v. Calton Ariz. Ct. App. Div. 1 2025
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Strickland v. Calton
Ariz. Ct. App. Div. 1 2025
Under the discovery rule, a cause of action accrues when a “plaintiff knows or with reasonable diligence should know the facts underlying the cause.” ¶ 29 (1998).
- Bhavnani v. Mukherjee Ariz. Ct. App. Div. 1 2024
- Chandler v. Roosevelt Ariz. Ct. App. Div. 1 2024
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Bhavnani v. Mukherjee
Ariz. Ct. App. Div. 1 2024
When determining whether to apply a statute of limitations against a civil plaintiff of unsound mind, courts look at two scenarios: “(1) inability to manage daily affairs, and (2) inability to understand legal rights and liabilities.” ¶ 42 (1998).
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Chandler v. Roosevelt
Ariz. Ct. App. Div. 1 2024
Under § 12–821, “[a] plaintiff need not know all the facts underlying a cause of action to trigger accrual.” ¶ 12 (App. 2010) ( ¶ 32 (1998)).
- Jeannine Liberti v. City of Scottsdale Ariz. Ct. App. Div. 2 2024
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Jeannine Liberti v. City of Scottsdale
Ariz. Ct. App. Div. 2 2024
But the plaintiff must at least possess a minimum requisite of knowledge sufficient to identify that a wrong occurred and caused injury.” ().
- State of Arizona v. Preston Alton Strong 555 P.3d 537 Ariz. 2024
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State of Arizona v. Preston Alton Strong
555 P.3d 537
Ariz. 2024
¶ 45 (1998) (recognizing that weighing conflicting evidence is the jury’s function).
- Satamian v. Great Divide Ariz. 2024
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Satamian v. Great Divide
Ariz. 2024
¶13 The discovery rule provides that a statute of limitations is tolled until “the plaintiff knows or with reasonable diligence should know the facts underlying the cause.” ¶ 29 (1998).
- Cavness v. Cavness-Engstrand Ariz. Ct. App. Div. 1 2023
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Cavness v. Cavness-Engstrand
Ariz. Ct. App. Div. 1 2023
6 CAVNESS v. CAVNESS-ENGSTRAND Decision of the Court to bar an action in which the plaintiff is mentally disabled and thus unable to appreciate or pursue his or her legal rights.” ¶ 41 (1998) (Emphasis omitted).
- JANE HM DOE v. THE ROMAN CATHOLIC CHURCH OF THE DIOCESE OF PHOENIX Ariz. Ct. App. Div. 2 2023
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JANE HM DOE v. THE ROMAN CATHOLIC CHURCH OF THE DIOCESE OF PHOENIX
Ariz. Ct. App. Div. 2 2023
(tolling for a claimant’s unsound mind).
- Kunasek v. Johnson Ariz. Ct. App. Div. 1 2022
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Kunasek v. Johnson
Ariz. Ct. App. Div. 1 2022
We review the superior court’s statute of limitations rulings de novo as questions of law, mindful, however, that the date a cause of action accrues is “usually and necessarily [a] question[] of fact for the jury.” ¶ 32 (1998); ¶ 14 (App. 2014); see also Goodman v. Physical Res.
- Flores v. Johnson Ariz. Ct. App. Div. 1 2022
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Flores v. Johnson
Ariz. Ct. App. Div. 1 2022
ption petitions and “circumvent[ion of] the Clerk of Court and Juvenile Adoptions Unit Processing to achieve an adoption less than one day after filing the Petition to Adopt.” The contents of the motion indicated that on the day it was filed Appellants were aware of their injury by Johnson and Fernstrom, even if Appellants did not “know all the facts underlying [the] cause of action.” ¶ 32 (1998).
- Wiltse v. Wiltse Ariz. Ct. App. Div. 1 2021
- Wiltse v. Wiltse Ariz. Ct. App. Div. 1 2021
- Strojnik v. Brnovich Ariz. Ct. App. Div. 1 2021
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Strojnik v. Brnovich
Ariz. Ct. App. Div. 1 2021
¶16 For a cause of action to accrue, a plaintiff must possess “a minimum requisite knowledge sufficient to identify that a wrong occurred and caused injury,” but “need not know all the facts underlying a cause of action to trigger accrual.” ¶ 8 (App. 2017) ( ¶ 32 (1998)).
- State v. Abor Ariz. Ct. App. Div. 1 2021
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State v. Abor
Ariz. Ct. App. Div. 1 2021
¶ 32 (1998); ¶ 14 (App. 2010).
- Tappan v. Abor Ariz. Ct. App. Div. 1 2020
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Tappan v. Abor
Ariz. Ct. App. Div. 1 2020
Under the discovery rule, a cause of action accrues when the plaintiff knows she has been injured and has a “reason to connect [the injury] to a particular [cause, source, act, event, instrumentality or condition] in such a way that a reasonable person would be on notice to investigate whether the injury might result from fault.” ¶ 22 (2002); ¶ 29 (1998) (“A cause of action [accrues when] the plaintiff knows or with reasonable diligence should know the facts underlying the cause.”) (emphasis add
- Aubuchon v. Maricopa Ariz. Ct. App. Div. 1 2020
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Aubuchon v. Maricopa
Ariz. Ct. App. Div. 1 2020
¶15 To survive summary judgment, the non-movant “bears the burden of producing sufficient evidence that an issue of fact does exist.” ¶ 33 (1998).
- Schirmer v. Avalon Ariz. Ct. App. Div. 1 2020
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Schirmer v. Avalon
Ariz. Ct. App. Div. 1 2020
Because a party is not allowed to “sleep on [their] rights” regarding an unknown claim, ¶ 29 (1998), the discovery rule provides that “a cause of action does not ‘accrue’ until a plaintiff discovers or by the exercise of reasonable diligence should have discovered that he or she has been injured by the defendant’s negligent conduct,” Anson v. Am.
- Fitz v. Colton Group Ariz. Ct. App. Div. 1 2020
- Fitz v. Colton Group Ariz. Ct. App. Div. 1 2020
- J. Ball Trust v. Phx Orchard Ariz. Ct. App. Div. 1 2020
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J. Ball Trust v. Phx Orchard
Ariz. Ct. App. Div. 1 2020
Once this showing is made, the non-movant “bears the burden of producing sufficient evidence that an issue of fact does exist.” ¶ 33 (1998).
- Hershfeldt v. Adoc Ariz. Ct. App. Div. 1 2020
- Hershfeldt v. Adoc Ariz. Ct. App. Div. 1 2020
- Humphrey v. State Ariz. Ct. App. Div. 1 2019
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Humphrey v. State
Ariz. Ct. App. Div. 1 2019
that rule, a cause of action accrues when the plaintiff knows he or she has been injured and has a “reason to connect [the injury] to a particular [cause, source, act, event, instrumentality, or condition] in such a way that a reasonable person would be on notice to investigate whether the injury might result from fault.” ¶ 22 (2002) (emphasis added); ¶ 29 (1998) (“A cause of action [accrues when] the plaintiff knows or with reasonable diligence should know the facts underlying the cause.”) (emp