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AB-2648 Civil actions: limitations: real property.(2017-2018)

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Date Published: 04/13/2018 04:00 AM
AB2648:v97#DOCUMENT

Amended  IN  Assembly  April 12, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2648


Introduced by Assembly Member Friedman

February 15, 2018


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


LEGISLATIVE COUNSEL'S DIGEST


AB 2648, as amended, Friedman. Civil actions: limitations: real property.
Existing law prohibits an action from being brought to recover damages from any person, or the person’s surety, 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. Existing law provides that the 10-year statute of limitation does not apply to actions based on willful misconduct or fraudulent concealment.
This bill would similarly provide that the 10-year statute of limitation does not apply to an action for a personal injury resulting from water contamination, an action for personal injury resulting from water contamination must be commenced no later than 10 years after the plaintiff discovered the injury, and would make technical, nonsubstantive changes to the provisions.
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) A 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 a latent deficiency.
(b) As used in this section, “latent deficiency” means a deficiency that 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 that has been brought within the time period specified in subdivision (a).
(d) This section shall not be construed as extending the period prescribed by the laws of this state for bringing an action.
(e) The limitation prescribed by this section shall not be asserted by way of defense by a person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time a deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.
(f) This section does not apply to: to actions based on willful misconduct or fraudulent concealment.

(1)An action based on willful misconduct or fraudulent concealment.

(2)An action for a personal injury resulting from water contamination.

(g) (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.
(h) In an action for personal injury resulting from water contamination, the time for commencement of the action shall be no later than 10 years from the date the plaintiff became aware of the injury.