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SB-1698 Statute of limitations.(2001-2002)

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SB1698:v98#DOCUMENT

Amended  IN  Senate  May 13, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Senate Bill
No. 1698

Introduced  by  Senator Romero

February 21, 2002

An act to amend Section 339 340 of the Code of Civil Procedure, relating to statute of limitations.


LEGISLATIVE COUNSEL'S DIGEST


SB 1698, as amended, Romero. Statute of limitations.
Existing law prescribes a 2-year one-year time period for the commencement of an action based upon a contract not in writing an action upon a statute for a penalty or forfeiture, when the action is given to an individual or to an individual and the state.
The bill would make technical, nonsubstantive changes to that provision a clarifying change to that provision. The bill would also make technical changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 339 of the Code of Civil Procedure is amended to read:
339.

Within two years:

(1)An action upon a contract, obligation, or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; or an action founded upon a contract, obligation, or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation, or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance may not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.

(2)An action against a sheriff or coroner upon a liability incurred by the doing of an act in an official capacity and in virtue of office, or by the omission of an official duty including the nonpayment of money collected in the enforcement of a judgment.

(3)An action based upon the rescission of a contract not in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind the contract occurred. If the ground for rescission is fraud or mistake, the time does not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

Section 340 of the Code of Civil Procedure is amended to read:

340.
 Within one year:

(1)

(a) An action upon a statute for a penalty or forfeiture, when if the action is given available to an individual, or to an individual and the state, except when if the statute imposing it prescribes a different limitation.

(2)

(b) An action upon a statute for a forfeiture or penalty to the people of this state.

(3)

(c) Any of the following:
(1) An action for libel, slander, assault, battery, false imprisonment, or the seduction of a person below the age of legal consent, or.
(2) An action for injury to or for the death of one caused by the wrongful act or neglect of another, or.
(3) An action by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement, or.
(4) An action against any person who boards or feeds an animal or fowl or who engages in the practice of veterinary medicine as defined in Section 4826 of the Business and Professions Code, for such that person’s neglect resulting in injury or death to an animal or fowl in the course of boarding or feeding such that animal or fowl or in the course of the practice of veterinary medicine on such that animal or fowl.

(4)

(d) An action against an officer to recover damages for the seizure of any property for a statutory forfeiture to the state, or for the detention of, or injury to property so seized, or for damages done to any person in making any such this seizure.

(5)

(e) An action by a good faith improver for relief under Chapter 10 (commencing with Section 871.1) of Title 10 of Part 2 of the Code of Civil Procedure. The time begins to run from the date upon which the good faith improver discovers that the good faith improver is not the owner of the land upon which the improvements have been made.