Gryczman

Plaintiff Steve Gryczman alleges defendant 4550 Pico Partners, Ltd. (Pico) conveyed certain real property to a second defendant, Kital-Pico, LCC., without affording him notice and opportunity to exercise his right of first refusal as required by a contract between him and Pico. The trial court dismissed the action on the ground it was barred by the applicable statute of limitations. Finding this is an appropriate case to apply the delayed discovery rule, and triable issues of fact exist as to whether plaintiff exercised due diligence in discovering the breach of contract, we reverse.

Facts and Proceedings Below

The facts with respect to the statute of limitations issue are undisputed.

Pico entered into a written contract with plaintiff’s assignor, Builder’s Depot, Inc., giving Builder’s Depot the right of first refusal to purchase certain real property owned by Pico on the same terms contained in any bona fide offer from a third party which Pico was willing to accept. Builder’s Depot assigned this contract to plaintiff.

Under the contract, plaintiff was entitled to written notice from Pico “[u]pon Pico’s receipt of a bona fide offer . . . from any third party to…