Equitable Tolling

“For example, when pursuing one of several legal remedies, the statute of limitations on the remedies not being pursued will be equitably tolled if the plaintiff can show:

• Timely notice to the adverse party is given within applicable statute of limitations of filing first claim
• Lack of prejudice to the defendant
• Reasonable good faith conduct on part of the plaintiff."

“It has been held that equitable tolling applies principally if the plaintiff is actively misled by the defendant about the cause of action or is prevented in some extraordinary way from asserting his or her rights.

• “Plaintiff is actively misled by the defendant”

ANSWER:

At the time of the civil case 2006cv1399 (which is discussed on the Connections page, Conspiracy Steps 5 and 7), Larry trusted the judgment and competency of attorneys Marco Chayet, Frank Danzo III and Stephen J. Young and believed the leases they wrote were legitimate. Larry did not realize they were instruments of fraud until after the September 6, 2011, trial where Tamra Palmer, the 18th Judicial District Public Administrator, exposed the flaws and illegitimate underpinnings while accusing Larry of writing the leases himself for the purpose of defrauding his mother and the family partnership. At that time, Larry was represented by the law firm Harris, Karstaedt, Jamison, & Powers, P.C.

• “or is prevented in some extraordinary way from asserting his or her rights.”

ANSWER:

From the time Larry discovered the leases were illegitimate in September, 2011, through March, 2015, Larry had legal representation and therefore could not supersede his attorneys by acting pro se. His attorneys of that time and all of his ensuing attorneys were informed by Larry that he did not write the lease himself, as proclaimed by opposing council. Not one of his attorneys took the initiative to pursue this matter and all refused to initiate a suit against Marco Chayet, Frank Danzo III and Stephen J. Young.

In April, 2015, Larry filed bankruptcy and his case closed in January, 2020. Immediately after his bankruptcy closed, Larry filed suit against the parties named in this cause.