State of California California Department of Consumer Affairs

Statute of Limitations

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Revision as of 16:40, 11 October 2010

STATUTE OF LIMITATIONS

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(Code of Civil Procedure §§ 340, 340.1, 339, 337, 338, 337.15)


A statute of limitations refers to the time in which a lawsuit must be filed after a claim recognized by the law has accrued. If a lawsuit is not filed within the specified time, the right to prosecute the claim in court will ordinarily be lost. The limitation that applies to a particular claim will depend upon the "cause of action or claim that is asserted". Consumers should consult an attorney if they have questions. There are many factors that affect the tolling of the statute.


Examples:


1 year:

(CCP§340) Personal Injury - Generally, includes libel, slander, assault, battery, and wrongful death, but excluding childhood sexual abuse.


2 years:

(CCP§339) Oral Contracts (from date of contract breach)


3 years:

(CCP§338) Damage to personal or real property (from date damage occurs) (CCP§337.15) Excluding latest defects in constructions which is 10 years.


4 years:

(CCP§337) Written contracts (from the date of contract breach)




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