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AB-1207 Civil actions: limitations: real property development.(2011-2012)

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AB1207:v96#DOCUMENT

Amended  IN  Assembly  January 04, 2012
Amended  IN  Assembly  April 25, 2011
Amended  IN  Assembly  March 15, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1207


Introduced  by  Assembly Member Furutani

February 18, 2011


An act to amend Section 337.15 of the Code of Civil Procedure, relating to civil actions.


LEGISLATIVE COUNSEL'S DIGEST


AB 1207, as amended, Furutani. Civil actions: limitations: real property development.
Existing law prohibits bringing an action for to recover damages from any person who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement, as specified.
This bill would provide that this limitation does not apply to an any action in tort to recover damages for damage to real or personal property for damages for personal injury or wrongful death, or for personal injury or wrongful death from exposure to hazardous or toxic materials, pollution, hazardous waste, or associated environmental remediation activities property damages caused or contributed to by exposure to any hazardous substance, pollutant, or contaminant released into the environment. The bill would provide that the limitations period for these actions shall be as otherwise specified by law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 337.15 of the Code of Civil Procedure is amended to read:

337.15.
 (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:
(1) Any latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property.
(2) Injury to property, real or personal, arising out of any such latent deficiency.
(b) As used in this section, “latent deficiency” means a deficiency which is not apparent by reasonable inspection.
(c) As used in this section, “action” includes an action for indemnity brought against a person arising out of that person’s performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action which has been brought within the time period set forth in subdivision (a) of this section.
(d) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for bringing any action.
(e) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.
(f) This section shall not apply to actions based on willful misconduct or fraudulent concealment.

(g)The limitation prescribed by this section does not apply to an action in tort to recover damages for damage to real or personal property, or for personal injury or wrongful death from exposure to hazardous or toxic materials, pollution, hazardous waste, or associated environmental remediation activities.

(g) (1) This section shall not apply to actions for any of the following:
(A) Damages for personal injury or wrongful death.
(B) Personal injury or property damages caused or contributed to by exposure to any hazardous substance, pollutant, or contaminant released into the environment.
(2) The limitations period for actions described in paragraph (1) shall be as otherwise specified in this chapter.
(h) (1) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:
(A) The date of final inspection by the applicable public agency.
(B) The date of recordation of a valid notice of completion.
(C) The date of use or occupation of the improvement.
(D) One year after termination or cessation of work on the improvement.
(2) The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement.