Is 1893 Part 2 176

We cannot agree with this contention. The cases consistently recognize that a court-made rule that overrides a statute of limitations should be carefully tailored to achieve the legislative purpose of the statute: that is, the rule should be limited in time and extent to avoid the harsh results that might otherwise flow from its application. For example, in Yandell v. Baker, supra, the court-made rule of delayed accrual of an attorney's malpractice action was designed to avoid the unfairness of a rule that would have allowed the client no time at all to discover his lawyer's negligence before the statute of limitations ran out. (See also Simons v. County of Los Angeles (1963) 60 Cal.2d 623, 633 [36 Cal. Rptr. 208, 388 P.2d 160].) The same principle of limiting a rule of delayed accrual to its purpose could be applied to the statute of limitations in malpractice cases. (See Conard v. Natomas Co. (1983) 141 Cal. App.3d 141, 145-146 [190 Cal.Rptr. 526].) In fact, the courts have been reluctant to apply rule-making authority to other common law areas, in part because of the dangers that might result from decisions in areas of law not clearly defined by statute. (See, e.g., Alarid v. Vanier (1958) 50 Cal.2d 617, 624-626 [327 P.2d 897].) These principles counsel against judicial expansion of the rule against delayed accrual beyond the point where its application will be necessary to achieve the legislative purpose of the statute of limitations. We have no doubt that the adoption of this rule would be desirable, but for the reasons outlined above, it is the role of the Legislature, and not the courts, to adopt a rule of delayed accrual.

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