Parsons v. Tickner

In Parsons v. Tickner (1995) 31 Cal. App. 4th 1513, the appellate court reversed an order sustaining a demurrer without leave to amend holding that the trial court erred in determining that the three-year fraud statute of limitations barred the plaintiff's fraud claims. The plaintiff alleged that the defendant owners of a music company concealed the fact that the plaintiff's decedent, a songwriter, never transferred the copyrights to his music to them although they had the right to publish and collect royalties on the catalogue of music. The Parsons court rejected an argument similar to the one here--that the plaintiff could not be excused from discovery of the concealed facts because she was aware for many years of the existence of royalty contracts relating to the decedent's music. It stated that the plaintiff was not in possession of any information that would have reasonably revealed that the decedent had not transferred the copyrights to the defendants.