4208. Affirmative Defense Statute of Limitations Actual and Constructive Fraud (Civ. Code, § 3439.09)

4208. Affirmative Defense--Statute of Limitations--Actual and Constructive Fraud (Civ. Code, § 3439.09) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] contends that [name of plaintiff]'s lawsuit was not filed within the time set by law. [[With respect to [name of plaintiff]'s claim of actual intent to hinder, delay, or defraud,] [To/to] succeed on this defense, [name of defendant] must prove that [name of plaintiff] filed [his/her/its] lawsuit later than four years after the [transfer was made/obligation was incurred] [or, if later than four years, no later than one year after the transfer or obligation was or could reasonably have been discovered by [name of plaintiff]]. But in any event, the lawsuit must have been filed within seven years after the [transfer was made/obligation was incurred].] [[With respect to [name of plaintiff]'s claim of constructive fraud,] [To/to] succeed on this defense, [name of defendant] must prove that [name of plaintiff] filed [his/her/its] lawsuit later than four years after the [transfer was made/obligation was incurred].] ________________________________________________________________________________ New June 2006; Revised December 2007, June 2016