Gryczman v. 4550 Pico Partners, Inc

In Gryczman v. 4550 Pico Partners, Inc. (2003) 107 Cal.App.4th 1, the parties' written contract gave plaintiff both a right of first refusal to purchase defendant's real property, and a right to notice of any bona fide offer defendant received and was willing to accept. Defendant accepted an offer and sold the property to a third party without notifying plaintiff, who discovered the sale by chance more than four years later. The Court of Appeal held plaintiff's breach of contract claim was subject to the discovery rule and therefore not barred by the statute of limitations. "The act causing the injury would have been 'difficult for the plaintiff to detect' because, as previously noted, the failure to give plaintiff notice of the happening of a certain event is both the act causing the injury and the act that caused plaintiff not to discover the injury." (Id. at p. 6.)