Camila Davalos & Others v. Bay Watch, Inc.

Summary

The court held that claims arising from material posted on social media accrue when the plaintiff knew or reasonably should have known that the defendant's publication caused harm. Applying that rule requires a fact-intensive totality-of-the-circumstances inquiry focused on distribution, accessibility, and searchability, although a judge may resolve the issue as a matter of law when the material was widely distributed and readily accessible and searchable. The court left application of those principles to the federal court because the certified record was incomplete.