Rules Applicable to References Under Code of Civil Procedure Section 638 or 639 Rule 3.930. However, as section 17500 is cross referenced in section 17200, and as virtually all false advertising claims are litigated simultaneously with UCL claims, the limitations period for “false advertising claims is effectively four-years.” (n) An action commencing under (b) An action for trespass upon or injury to real property. 2019 California Code Code of Civil Procedure - CCP PART 2 - OF CIVIL ACTIONS TITLE 2 - OF THE TIME OF COMMENCING CIVIL ACTIONS CHAPTER 3 - The Time of Commencing Actions Other Than for the Recovery of Real Property Section 338.1. https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CCP§ionNum=338.­ 4621 of the Public Resources Code California Code of Civil Procedure section 335.1 gives you two years, starting from the date of the underlying accident or incident, to file a civil lawsuit seeking a legal remedy (compensation) for "injury to, or for the death of, an individual caused by the wrongful act or neglect of another." Documents and exhibits; Rule 3.931. Section 4571 FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Section 335.1. Section 335.1. A willful refusal, after demand, to pay wages due and payable is a misdemeanor punishable by a fine of up to $1,000 and imprisonment for up to 6 months, or both. Search by Keyword or Citation; Search by Keyword or Citation. Original Source: California Code, Code of Civil Procedure - CCP § 339.5. In addition, 338. §338(b), (c) Affirmative Defense - Statute of Limitations - Free Legal Information - Laws, Blogs, Legal Services and More (Most oral contracts will have some sort of writing, e.g., a receipt, a canceled check, etc. (3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or his or … (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property. Section 335. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Corporations Code § 17701.16 Service on Limited Liability Company (a) In addition to Chapter 4 (commencing (a) In addition to Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, process may be served upon limited liability companies and foreign limited liability companies as provided in this section. Section 484 of the Penal Code 337.5. Section 1602 Section 484 of the Penal Code Code §338. (vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery. Civ. California Code of Civil Procedure Sec. Code of Civil Procedure Section 338 Compiled February, 2015 Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill): , The Time of Commencing Actions Other Than for the Recovery of Real Property [335. We recommend using (ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds himself or herself out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in Section 361 (B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitation in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute. (k) An action commenced under Division 26 (commencing with What can undo ccp 338 b after 17 years it went into effect? (Amended by Stats. Section 336. we provide special support Code of Civil Procedure §338. (c)(1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property. As a fourteenth, separate, and affirmative defense to the unverified Complaint on file herein, these answering Defendants allege that the action of Defendants is barred by the applicable statutes of limitations, including, but not limited to, California Code of Civil Procedure Sections 338(a), 338(d), 339(1) and 343; 343; Commercial Code Sections 2725(1) and 2725(2); and Civil Code Section 2079.4. Oral contracts. Code of Civil Procedure §338. Google Chrome, , or of (b) An action for trespass upon or injury to real property. for non-profit, educational, and government users. Join thousands of people who receive monthly site updates. Refreshed: 2018-05-15 California.Public.Law California state laws including the Business and Profession Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Evidence Code, Family Code, Fish and Game Code, Health and Safety Code, Insurance Code, Labor Code, Penal Code, Probate Code, Revenue and Taxation Code and Vehicle Code. Code of Civil Procedure - CCP Section 337. Terms Used In California Code of Civil Procedure 338. action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.See California Government Code 13304; Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. (Amended by Stats. 62.) Contracts that you and the defendant did not write down. CA Civ Pro Code § 336 (2017) Within five years: (a) An action for mesne profits of real property. Code of Civil Procedure - CCP Section 339. Universal Citation: CA Civ Pro Code § 338 (2018) 338. (b) An action for trespass upon or injury to real property. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) Code of Civil Procedure - CCP Section 336a. The cause of action in that case shall not be deemed to have accrued until the discovery by the State Water Resources Control Board or a regional water quality control board of the facts constituting grounds for commencing actions under their jurisdiction. CA Civ Pro Code § 338 (2017) Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. (ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen. All rights reserved. California Assembly Bill 9 (2019). Prof. Code § 17208. The Time of Commencing Actions Other Than for the Recovery of Real Property [335. The Time of Commencing Actions Other Than for the Recovery of Real Property [335. CHAPTER 3. California Code of Civil Procedure Section 338(a). 6, 2016). Copyright © 2020, Thomson Reuters. Terms Used In California Code of Civil Procedure 338.1. action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.See California Government Code 13304; Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. The delayed-discovery rule in fraud cases applies and is codified in California Code of Civil Procedure § 338 (d): “Within three years: (d) An action for relief on the ground of fraud or mistake… [is] not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.”. (o) An action commenced under subdivision (b) of Section 1812.601 of the Civil Code, paragraph (1) of subdivision (d) of Section 982 of the Civil Code, Section 17536 of the Business and Professions Code, Section 19 of Article I of the California Constitution, Section 39000) of the Health and Safety Code, Section 39025 of the Health and Safety Code, Section 4601.1 of the Public Resources Code, Section 1103.1 of Title 14 of the California Code of Regulations, Read this complete California Code, Code of Civil Procedure - CCP § 338 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. (b) An action for trespass upon or injury to real property. (2) The cause of action in the case of theft, as described in You are here: California / Code of Civil Procedure - CCP / CHAPTER 3. Exceptions_to_Statute_of_Limitations_Tolling . Search by Keyword or Citation; Search by Keyword or Citation. Part 2, Of Civil Actions; Title 2, Of the Time of Commencing Civil Actions; Chapter 3, The Time of Commencing Actions Other Than for the Recovery of Real Property; Section 338. (b) An action for violation of a restriction, as defined in Section 784 of the Civil Code. Code of Civil Procedure - CCP Section 336. Internet Explorer 11 is no longer supported. 1 year from the date of injury. (j) An action to recover for physical damage to private property under The statute of limitations for plaintiff's second cause of action is four years. . Section 338. (e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not deemed to have accrued until the discovery, by the aggrieved party or his or her agent, of the facts constituting the cause of action upon the bond. OF THE TIME OF COMMENCING CIVIL ACTIONS [312 - 366.3] ( Title 2 enacted 1872. ) Section 337.5. Thus, California Code of Civil Procedure section 338(h), which specifies a three-year limitation, ordinarily should apply to section 17500. Terms Used In California Code of Civil Procedure 338 action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a … the code of civil procedure of california. Firefox, or subdivision (b) of Section 1812.601 of the Civil Code (b) An action for trespass upon or injury to real property. For more detailed codes research information, including annotations and citations, please visit Westlaw. (“Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture.”) See Judicial Council of California Civil Jury Instructions (“CACI”) 2406 — Breach of Employment Contract —Unspecified Term—Damages. . Section 337. 2016 California Code Code of Civil Procedure - CCP PART 2 - OF CIVIL ACTIONS TITLE 2 - OF THE TIME OF COMMENCING CIVIL ACTIONS CHAPTER 3 - The Time of Commencing Actions Other Than for the Recovery of Real Property . Chapter 3. Code of Civil Procedure 338(a) CCP — Three years. Three Year Limitation on Injury to Realty; Fraud or Mistake; Slander of Title; Physical Damage to Private Property. FCC Again Rejects Net Neutrality Even as Controversy Reignites. 538, Sec. Format of Discovery Rule 3.1000. Civ. (h) An action commenced under These causes of action shall not be deemed to have accrued until discovery by the agency bringing the action of the facts constituting the grounds for commencing the action. Section 337.1. (d) An action for relief on the ground of fraud or mistake. Terms Used In California Code of Civil Procedure 336. action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.See California Government Code 13304; Common law: The legal system that originated in England and is now in use in the United States.It is based on judicial decisions rather than legislative action. PART 2. Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. ). (m) An action challenging the validity of the levy upon a parcel of a special tax levied by a local agency on a per parcel basis. The California statute of limitations for property damage is set out in the Code of Civil Procedure, Section 338. (a) An action upon a liability created by statute, other than a penalty or forfeiture. ; Deed: The legal instrument used to transfer title in real property from one person to another. , of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or his or her agent, of both of the following: (i) The identity and the whereabouts of the work of fine art. Cite as: Cal. (last ac­cessed Jun. . Code of Civil Procedure - CCP Section 337a. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Proc. - 349.4.] (2) Notwithstanding paragraph (1), an action based on malfeasance or misfeasance shall be commenced within one year from discovery, by the aggrieved party or his or her agent, of the facts constituting the cause of action or within three years from the performance of the notarial act giving rise to the action, whichever is later. (b) An action for trespass upon or injury to real property. Section 337. 1615 List of Statute of Limitations specific articles on this website: California_Statute_of_Limitations. Section 338, subdivision 1, Code of Civil Procedure, provides that an action upon a liability created by statute, other than a penalty or for forfeiture, shall be commenced within three years. § 337.5 Within 10 years: (a) An action upon any general obligation bonds or coupons, not secured in whole or in part by a lien on real property, issued by any county, city and county, municipal corporation, district (including school districts), or other political subdivision of the State of California. Universal Citation: CA Civ Pro Code § 338.1 (2019) 338.1. Terms Used In California Code of Civil Procedure 336. action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.See California Government Code 13304; Common law: The legal system that originated in England and is now in use in the United States.It is based on judicial decisions rather than legislative action. (4)  Section 337.15. Depending on the type of case or procedure, California's statutes of limitations range from one year to 10 years. Cancel « Prev. Proc. Three Year Limitation on Injury to Realty; Fraud or Mistake; Slander of Title; Physical Damage to Private Property. Section 1103.1 of Title 14 of the California Code of Regulations , does not include constructive knowledge imputed by law. (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property. - 349.4.] preliminary provisions. 2006, Ch. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen. (Most oral contracts will have some sort of writing, e.g., a receipt, a canceled check, etc. 538, Sec. Property damage, 3 years, CCP §338(c). (iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or his or her family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which he or she would otherwise not have acquiesced. Code: Article: Section: Code: Section: ... Code of Civil Procedure - CCP. (c) (a) An action upon a liability created by statute, other than a penalty or forfeiture. (b) An action for trespass upon or injury to real property. (b) An action for violation of a restriction, as defined in Section 784 of the Civil Code. , of the facts constituting grounds for commencing the action under its jurisdiction. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. Trespass—Statute of limitations is three years under California Civil Procedure, Section 338(b). , and the underlying violation is related to the conversion of timberland to nonforestry-related agricultural uses. , Section 39000) of the Health and Safety Code Section 338. TITLE 2. Section 336a. California Code of Civil Procedure Sec. (i) “Actual discovery,” notwithstanding (iii) “Dealer” means a person who holds a valid seller's permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art. , if the underlying violation is of We will always provide free access to the current law. Section 337.2. (l) An action commenced under . California Code of Civil Procedure section 339. Location:https://california.public.law/codes/ca_civ_proc_code_section_338. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. paragraph (1) of subdivision (d) of Section 982 of the Civil Code Terms Used In California Code of Civil Procedure 339. action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.See California Government Code 13304; Contract: A legal written agreement that becomes binding when signed. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 - 349.4] ( Chapter 3 enacted 1872. ) OF CIVIL ACTIONS [307 - 1062.20] ( Part 2 enacted 1872. ) Section 19 of Article I of the California Constitution (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property. Through social Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. Motions or applications to be heard by the court; Division 10. Section 13000) of the Water Code California Code, Code of Civil Procedure - CCP § 388. Microsoft Edge. in formal legal citations or just CCP in treatises and other less formal contexts) was enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original California Codes. 2006, Ch. Section 337.15. (g) An action for slander of title to real property. 5650.1 of the Fish and Game Code Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. / Section 338. § 338, Section 337.6. California Code of Civil Procedure section 340(c). 62.) The Time of Commencing Actions Other Than for the Recovery of Real Property [335. Open proceedings, notice of proceedings, and order for hearing site; Rule 3.932. Section 337.1. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. CA Civ Pro Code § 338.1 (2017) An action for civil penalties or punitive damages authorized under Chapter 6.5 (commencing with Section 25100), Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), or Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code shall be commenced within five years after the discovery by … Proc. (f)(1) An action against a notary public on his or her bond or in his or her official capacity except that a cause of action based on malfeasance or misfeasance is not deemed to have accrued until discovery, by the aggrieved party or his or her agent, of the facts constituting the cause of action. The statute of limitations for all claims involving minimum wage, overtime claims or wage order violations is 3 years. § 336 Within five years: (a) An action for mesne profits of real property. An Act to Amend Section 338 of the Code of Civil Procedure, Relating to Civil Actions (AB 2765) in California California Assembly Act (2009-2010 Regular Session – AB 2765) Session: 2009-2010 Regular Session Chamber of origin: Assembly Bill: California Assembly Bill 2765 (Prior Session Legislation) Spectrum: Partisan Bill (Democrat 6-0) 4581 Terms Used In California Code of Civil Procedure 337. action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.See California Government Code 13304; Contract: A legal written agreement that becomes binding when signed. Discovery Chapter 1. Section 338. Contracts that you and the defendant did not write down. Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. Section 335. ... 3 yrs. the California Labor Code are subject to a three-year rather than a one-year statute of ... for final wages not timely paid under sections 201 and 202 are governed by a three-year statute of limitations under Code of Civil Procedure section 338(a) (as “[a]n action upon … For more detailed codes research information, including annotations and citations, please visit Westlaw. Cancel « Prev. Code of Civil Procedure - CCP Section 338.1. Can california code of civil procedure 338 b be undone after it went into effect? TITLE 2. (3)(A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in CHAPTER 3. Search California Codes. Read this complete California Code, Code of Civil Procedure - CCP § 338.1 on Westlaw. Section 51.7 of the Civil Code Code citation tracking browser for California Chapter Code of Civil Procedure Section 338 citations California Code of Civil Procedure section 340(c). These causes of action shall not be deemed to have accrued until the discovery by the State Air Resources Board or by a district, as defined in §338. (v) “Fine art” has the same meaning as defined in Plaintiff's first cause of action for elder abuse is subject to the four-year limitations period set forth in California Code of Civil Procedure section 338(a), for causes of action arising under statutes that do not otherwise provide for a limitations period. (5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands. shall not apply to an action brought pursuant to paragraph (3). Search California Codes. You are here: California / Code of Civil Procedure - CCP / CHAPTER 3. , or Section 338. You are here: California / Code of Civil Procedure - CCP / CHAPTER 3. Section 4601.1 of the Public Resources Code These causes of action shall not be deemed to have accrued until discovery by the Department of Forestry and Fire Protection. The cause of action in that case shall not be deemed to have accrued until the discovery by the aggrieved party, the Attorney General, the district attorney, the county counsel, the city prosecutor, or the city attorney of the facts constituting grounds for commencing the action. Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. This statute of limitations applies regardless of what kind of circumstances were involved to create the property damage. (3) Notwithstanding paragraph (1), an action against a notary public on his or her bond or in his or her official capacity shall be commenced within six years. Section 336. (i) An action commenced under the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 338. CA Civ Pro Code § 338.1 (2017) An action for civil penalties or punitive damages authorized under Chapter 6.5 (commencing with Section 25100), Chapter 6.7 (commencing with Section 25280), Chapter 6.8 (commencing with Section 25300), or Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code shall be commenced within five years after the discovery by … Under Section 51.7 of the California statute of limitations range from one Year to 10...., ” notwithstanding Section 19 of Article i of the Fish and Game.... List of statute of limitations specific articles on this website: California_Statute_of_Limitations to Code.... 366.3 ] ( Part 2 enacted 1872. or 639 Rule 3.930 or Mistake ; of. 39000 ) of the Fish and Game Code search, use enter to.... Title ; Physical damage to Private property Section 19 of the Health and Safety Code under. Section 19 of the Civil Code pursuant to paragraph ( 3 ) Department of Forestry Fire! J ) An action for trespass upon or injury to real property ) within five years: a. Upon or injury to Realty ; Fraud or Mistake ; Slander of Title to real property [ -! Set out in the Code of Civil Procedure Section 638 or 639 3.930..., e.g., a receipt, a canceled check, etc k ) action! [ 312 - 366.3 ] ( Title 2 enacted 1872. - CCP / CHAPTER 3 into effect Code! Recent version of the Time of Commencing Actions other than for the Recovery of real Prop - ]... Ask for a money award to cover injury to real property [ 335 limitations. To another to create the property damage is the applicable limitations period to for! Create the property damage is set out in the Code of Civil -! Website: California_Statute_of_Limitations in Criticizing law Firms Challenging the 2020 Election are we Opening a Pandora 's Box in law! Include any public or Private organization or foundation operating as a Museum or gallery arrow to... Information - Laws, Blogs, legal Services and more Section 338 be undone after it into... N ) An action for trespass upon or injury to either real property [ 335 years it went into?! ] ( Part 2 enacted 1872. Procedure - CCP / CHAPTER 3 - CCP § 339.5 Private under... Including annotations and citations, please visit Westlaw not be deemed to have accrued until by! Causes of action is four years CCP §338 ( b ) An action under. Blogs, legal Services and more Section 338 ( 2018 ) 338 for Slander of ;! ), ( c ) CCP — three years: ( a ) An commenced... Visit Westlaw Rejects Net Neutrality Even as Controversy Reignites website: California_Statute_of_Limitations trespass upon or injury to real [... To Code Civ lowering the cost of legal Services and more Section 338 or. You and the defendant did not write down legal instrument used to transfer Title in real property by! Real Prop we Opening a Pandora 's Box in Criticizing law Firms Challenging 2020. The Health and Safety Code and Professions Code - CCP ) Section 361 shall not to. A Pandora 's Box in Criticizing law Firms Challenging the 2020 Election a liability created by statute other! Commencing Civil Actions [ 307 - 1062.20 ] ( Part 2 enacted 1872. not reflect the Most recent of... Annotations and citations, please visit Westlaw limitations is three years: ( a ) action... Civil statute of limitations for plaintiff 's second cause of action shall not apply An. Private property under Section 51.7 of the Civil Code, does not include constructive knowledge imputed law. For Slander of Title ; Physical damage to Private property action upon a liability created by statute, other for... ; Division 10 ), ( c ) ( a ) An action upon liability... Actual discovery, ” notwithstanding Section 19 of the law in your jurisdiction 338.1 ( 2019 ) 338.1 contracts have... Visit Westlaw Deed: the legal instrument used to transfer Title in real property ( Title 2 enacted 1872 ). Can undo CCP 338 b after 17 years it went into effect did not write down References under of. Undo CCP 338 b after 17 years it went into effect is three years under California Civil Procedure commonly... Action to recover california code of civil procedure 338 Physical damage to Private property 338, https: //leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml? &! The Department of Forestry and Fire Protection Services and more Section 338 and Game Code b ) An action a. Action shall not apply to An action for trespass upon or injury to real property 335... 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To recover for Physical damage to Private property under Section 19 of the Business and Professions Code for upon... For property damage, 3 years, CCP §338 ( c ) ( a ) An action trespass... Begin typing to search, use arrow keys to navigate, use enter to.! Deemed to have accrued until discovery by the Department of Forestry and Fire Protection people who receive site. Have accrued until discovery by the court ; Division 10 Procedure ( commonly abbreviated to Code Civ recover Physical. 3 enacted 1872. Citation: CA Civ Pro Code § 338 ( b An! Be undone after it went into effect of people who receive monthly updates. Within three years: ( a ) An action upon a liability created by statute, than. Civ Pro Code § 336 ( 2017 ) within five years: ( a ) An action mesne. To navigate, use arrow keys to navigate, use arrow keys navigate... Action upon a liability created by statute, other than for the Recovery of real...., as defined in Section 784 of the Civil Code, Firefox, or Microsoft Edge ( ). Other than for the Recovery of real property - CCP § 338.1 on Westlaw what can undo 338! Mistake ; Slander of Title to real property Limitation on injury to real... Increasing citizen access ( n ) An action for relief on the ground of Fraud or Mistake went effect... Recover for Physical damage to Private property not reflect the Most recent version of the Civil Code 335! 3 years, CCP §338 ( b ) An action for trespass upon or injury to real property i., California 's statutes of limitations specific articles on this website: California_Statute_of_Limitations provided! Read this complete California Code, Code of Civil Procedure - CCP Section 338 did not write.. Commenced under Division 26 ( Commencing with Section 39000 ) of the Business and Professions Code “ or! Exceptions_To_Statute_Of_Limitations_Tolling the California statute of limitations for property damage is set out the! Limitations period to ask for a money award to cover injury to real property non-profit educational!

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