THE JUSTICE CENTER
A program of the Mildred Rose Memorial Foundation, Inc., a 501(c)(3) non-profit California public benefit corporation

STATUTES OF LIMITATION



A statute of limitations is a law which prescribes the period beyond which a lawsuit may not be brought, i.e., filed with a court. The statutes of limitation are a critical area of operation for lawyers and paralegals, because not only can the individual sustain financial loss, but the deadlines decreed by statutes of limitations provide a basis for legal malpractice actions. This means that if a plaintiff to a lawsuit is unable to recover from the defendant due to the negligence of the legal counsel, who perhaps procrastinated until the statute of limitations expired, the attorney is legally liable. (It is the attorney's job to know the statutes of limitations, and the dates of hearings, etc. of his clients, whose interests he is protecting). Sometimes statutes of limitations are "tolled," and what this means is that if one is unable to file a lawsuit, because, for example, one was in a coma in a hospital, then the statute starts tolling at the time that the party becomes aware that he suffered damages, and is entitled to legal compensation.

The following statutes of limitations are only applicable to California, and can be found in the Code of Civil Procedure (CCP). Every jurisdiction has its own statutes of limitations, based upon the jurisdiction of the court involved (state law governs state courts; federal law governs federal courts). The fact that most states now draw their Codes from uniform federal models, means that states outside of California probably have statutes of limitations that are similar to California's. (To be certain, check the laws of procedure for your state).

ONE YEAR
Assault
Bank, forged or raised checks
Battery
False imprisonment
Forcible entry or detainers
Forfeiture or penalty statute
Libel
Notary Public, malfeasance
Personal injury (except for minors and others under specific disabilities)
Public official, bond
Seduction of person below legal age
Slander
Workers Compensation Benefits
Wrongful Death

TWO YEARS
Contract, oral or implied
Lease (Oral), breach of
Title Insurance Policy, abstract, guaranty

THREE YEARS
Fraud or mistake (from date of discovery)
Liability created by statute (other than penalty or forfeiture)
Notary Publics' notarial act (from date of act)
Personal injury based on medical negligence
Personal property, recovery of property damage (as in auto accident)
Theft of article of historical, interpretive, scientific, or artistic significance (date of discovery of whereabouts of article)
Public officials' act, bond
Real property (trespass or injury)

FOUR YEARS
Actions not otherwise provided for
Book account or account stated (from date of last entry)
Contract, written rescissions
Demand Note, from execution
Lease, written (breach or abandonment)
Marriage (Nullity)
Personal injury damages from patent deficiency in construction on or improvement to real property

TEN YEARS
Damages for latent deficiency in construction on or improvement to real property

TOLLING OF THE STATUTE


If the cause of action accrues (i.e., takes place) when a defendant is outside of the state, an action may be filed after his or her return to the state within the limited term; or if he or she departs from the state after the cause of action happens, the time of his or her absence is not part of the limited time. An investigation might be necessary to determine if in fact the defendant was outside of the state. Also, if at the time the cause of action took place, a person who is under legal age, insane or imprisoned on a criminal charge or under sentence of a criminal court for a term less than life, the time of such disability is not part of the time limited. There are special statutes of limitation when the defendant is a health care provider, or insurance agent, and the individual should become thoroughly acquainted with the local rules that govern the court where they intend to file their action.



THE JUSTICE CENTER is an expert form preparation service, staffed by non-lawyer paralegals. As a non-profit community service, we offer qualified help to individuals in preparing their own paperwork, with over 20 years of experience. We assist individuals in informing themselves regarding their legal rights. Our services are all 100% unconditionally guaranteed.
DISCLAIMER: The Justice Center does not give legal advice. This pamphlet is provided free of charge, as a public service for general informational purposes only. No warranty is made or implied. Persons with questions of law are encouraged to seek the advice of an attorney.

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