Statute of limitations_california_law


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Statute of limitations_california_law

  1. 1. Statute of Limitations-California Law /calif ornia_statute_of _limitations.html Go to Home Page - Christian-Attorney.Net Go to Are as of Practice STATUTE OF LIMITATIONS - CALIFORNIA LAW The State of California imposes time deadlines to take legal action. Such deadlines are called “statute of limitations.” Under California law, you must fully settle your claim or file a court lawsuit within a certain time period. If you do not, you forever lose your right to recover any money or damages against the liable person, business or entity. Acronym Definitions: "SOL" means "statute of limitations." "CCP" means California "Code of Civil Procedure." STATUTE OF LIMITATIONS OF COMMON CLAIMS Examples of general California statute of limitations related to common legal claims (Listed Alphabetically): Type of Legal Claim: General Limitation Time Period: California Code Section: Assault and/or Battery 2 years CCP §335.1 Contracts (verbal / oral) 2 years from date contract was breached (broken) CCP §339(1) Contracts (written) 4 years from date contract was breached (broken) CCP §337(1) Contract (book account, account stated, balance due account) 4 years CCP §337(2) Contracts (rescission of verbal / oral contract) 2 years CCP §339(3) Contracts (rescission of written contract) 4 years CCP §337(3) Contracts (promissory note) 6 years from due date (or, if payable on demand, then 6 years from demand date) Commercial Code §3118(a) - (b) Contracts (Dishonored draft, bad check) 3 years from dishonor date or 10 years after date of draft, whichever occurs first Commercial Code §3118(c) Defamation, Libel, Slander 1 year CCP §340(c)
  2. 2. Slander Employment - Employee claims Generally 1 year for wrongful termination, employment discrimination, harassment, retaliation, denial of medical leave, denial of accommodations, and pregnancy leave. A 180 day limit applies to E.E.O.C. filings. Other types of claims may have other deadlines. Various Fraud, deceit, or mistake 3 years from date of discovery CCP §338(d) Government (Public Entity) - Claim against government defendant - Shorter Deadlines! File pre-lawsuit claim with entity within 6 months for an injury or personal property damage claim, or 1 year after accrual for a contract or real estate damage claim. Then SOL time period is 6 months after written denial of claim by entity or 2 years from accrual if no written denial is made. Government Code §911.30 CCP §342; Government Code §911.2(a) and §945.6(a) Lawyer professional malpractice or negligence See article: Legal Malpractice Statute of Limitations 1 year from date discovery or 4 years from wrongdoing, whichever occurs first (except for actual fraud) CCP §340.6 Medical malpractice or negligence (healthcare providers including for example chiropractor, dentist, etc.) See further S.O.L. discussion at: Medical Malpractice claims 1 year from date discovery or 3 years from injury, whichever occurs first CCP §340.5 No specific limitation specified (catch-all) 4 years from date of "accrual" of cause of action CCP §343 Personal injury or death caused by negligence or wrongful act (Examples: automobile accident, products liability, slip or trip and fall on private property, dog bite, etc.) 2 years (typically after date of occurrence or date of death) CCP §335.1 Property damage 3 years CCP §338(c) Theft or Conversion, taking personal 3 years CCP §338(c)
  3. 3. property Statutes of limitations, and the court rules and cases that interpret and apply them, are complicated. Exceptions that lengthen or shorten the time deadlines may apply to your claim. For example, the statute of limitations deadline time period may, in many cases, be suspended, and, thus, extended during the time that: (a) Defendant is absent from state of California [CCP §351]; (b) Child remains a minor (i.e., under 18 years of age) [CCP §352]; (c) Plaintiff is Insane / incompetent [CCP §352]; (d) Plaintiff is Imprisoned [CCP §352.1]; (e) Plaintiff is absent during times of war [CCP §354]; and/or (f) Numerous others. A statute of limitation ("SOL") period also may be waived, tolled, suspended or extended by a signed agreement. The SOLmay also be "equitably tolled" when, for example, the defendant’s conduct contributed to the plaintiff’s delay in filing suit. See more details in the article: Exceptions to Statute of Limitations Even if you believe that the statute of limitation deadline might have passed, still seek legal consultation to determine if any of the time-extending exceptions or rules to the statue of limitations apply to your case. Government Entity Defendants - Shorter Deadlines! Before you can sue a government entity, you must send a prelawsuit written claim to the entity, called a "Government Code Section 911.30 claim." A 911.30 claim for personal injury or personal property damage must, in most cases, be sent to the government entity within six months.A 911.30 claim for breach of contract or injury to real property must, in most cases, be sent within one year. If the entity rejects the claim (which, in most cases, is rejected), you must usually file a court action (lawsuit) within six months of the rejection or you'll lose your right to sue. Note: This rule may not apply to certain actions based on "federal law." Minor Children: In many types of claims, a minor child has, depending on the type of claim, a certain amount of time after their eighteenth birthday to file a lawsuit. Notable exceptions to this particular tolling (permitting a longer time period) rule include, but are not limited to, medical malpractice, uninsured motorist claims and government claims. Warning: Statute of limitation laws and their application are complex. While certain factors may extend the general time deadline, other factors may shorten the time. In order to identify which statute of limitations applies often requires a comprehensive review of your potential claim or case. Factors to Evaluating the Statute of Limitations: 1. Where did the harm occur? Each state has its own statute of limitations laws. 2. What, if any, legal right was violated? Different types of harm have different and potentially various statute of limitations.
  4. 4. 3. Who suffered injuries, damages, or harm? Different classes of people have different or special statute of limitations periods. Examples: Minor children (under 18 years old); Mentally incompetent; Incarcerated prisoners; etc.) 4. Who caused the injury, damage or harm? For example, claim against a governmental agency or employees normally have a shorter period than harm caused by a private party. 5.Are there other factors which affect the time limit to file a lawsuit? Delayed discovery of the harm or wrongdoing, out of state travel, contractual provisions, a bankruptcy filing, death of a plaintiff or defendant, and other factors may, in certain cases, effect the length of the statute of limitations. Examples: Example #1: A person may miss a deadline for bringing a breach of oral contract claim (2 year limitations statute) but still might be able to pursue a cause of action for fraud (with a longer 3 year limitations deadline) in certain cases with certain facts. Example #2: A person might miss out on a government claim under California state law due running of the statute of limitations but still might have time to present a similar action under federal law which may have a longer statute of limitations. Of course, a person who seeks legal representation early often has the advantage of choosing one or both causes of action without being limited due to the statute of limitations running on one or more claims. Because statute of limitations laws can be extremely complex, you ought to immediately contact attorney at law, Matthew Tozer for a consultation. NOTES: Sometimes, but not other times, the statute of limitations begins to run on the same date that an action "accrues." Traditionally, statutes of limitation begin to run "upon the occurrence of the last element essential to the cause of action." Neel v. Magana, Olney, Levy, Cathcart, & Gelfand (1971) 6 Cal.3d 176. Thus the date of accrual is the date when the last element occurs. But many statutes of limitations have a "delayed discovery rule" whereby "...a plaintiff need not file a cause of action before he or she has reason at least to suspect a factual basis for its elements." Grisham v. Phillip Morris U.S.A. (2007) 40 Cal.4th 623, i.e. the statute of limitations begins to run after the date of accrual. Statutes of limitations can also be tolled (suspended, extended) by a number of events, some of which are described earlier in this article. One infrequent type of SOL, called a "statute of repose," which "begins when a specific event occurs, regardless of whether the cause of action has accrued. It cuts off a right of action even if the plaintiff lacks notice of the claim." Crossman v. Daimler Chrysler Corp. (2003) 108 Cal.App.4th 370. Example: California Code of Civil Procedure Section 337.15. Disclaimer: The information provided in this article is informational, only. The subject matter and applicable law is evolving and/or constant state of change. No legal advice is given and no attorney/client or other relationship is established or intended. The information provided is from general sources, and I cannot represent, guarantee or warrant that the information contained in this website is accurate, current, or is appropriate for the usage of any reader. It is recommend that readers of this information consult with their own counsel prior to relying on any information on this website. © 2010, 2011, 2013 Go to Home Page - Christian-Attorney.NetGo to Are as of Practice