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We have no hesitancy in holding that the statute of limitations is tolled by claimants who are ignorant of their claims and for the period that they may reasonably be ignorant. There is no reason whatever why this period of reasonable ignorance should not be long. The necessity for some time for collateral sources of information leads to the conclusion that the statute of limitations is also tolled as to the client. The client has not the same interest in early discovery as the attorney, and ordinarily, he can be expected to keep his own files better than those of his attorney. The fact that the attorney-client statute of limitations is no bar to an action for malpractice by the client has been recognized by the Courts of Appeal and ruled upon by the Supreme Court in order to effectuate the public policy purposes underlying the fiduciary, fiduciary duty, and confidential relationship. fn. 41 [14] [6 Cal. 3d 195] While plaintiffs are not required to plead facts establishing ignorance as a ground for tolling the statute of limitations, they may not rely upon ignorance where the facts are accessible to them and they proceed with their suit in ignorance, for then they have not acted reasonably or diligently. [15a] The standard of diligence is an objective one, evaluated from the standpoint of the plaintiff at the time suit is filed. (Connor v. Great Western Sav. & Loan Assn., supra, 69 Cal. 2d at 858.) What constitutes reasonable diligence must be determined under the circumstances of each case. No litigant can be absolutely certain of his rights and he should not be punished, barred, or encouraged in pursuing a cause of action because he is not aware of every possible fact which might make his case only an uncertain possibility. This is especially so when the potential defendant is a public official. Dying declarations have a high incidence of reliability (see People v. Gardner (1965) 237 Cal. App. 2d 320, 322-323 [46 Cal. Rptr. 832]) and the availability or unavailability of the knowledge of the prosecution is not a known factor of a case. [16] The need for reasonable diligence may in any event be based upon the degree of suspicion cast upon the prosecution by the declarant's statement of discriminatory motivation (Laborde v. Hern, supra). The burden of showing diligence is upon the plaintiff. (See Capital Nat. Bank v. Smith, supra, 26 Cal. App. 3d at 357.) d2c66b5586
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