Statutes-of-Limitations

California Statutes Of Limitations

A statute of limitations is a deadline. The justifications for statutes of limitations include the need to put an end to a lawsuit in the civil setting, and to require criminal charges to be timely filed, or more particularly certain crimes. There are some crimes deeded so important that they do not have a statute of limitations. California Statutes of Limitations in general have no flexibility.

A statute of limitations definition is simple. If the civil lawsuit statute of limitations is two years. then a civil action commenced one day after the two years will be dismissed. The California statute of limitations criminal applies to a deadline for prosecutors to file charges. Anyone with an action in civil court needs to know the deadline to file a lawsuit.

There are numerous exceptions to the California Civil Statute of Limitations, but each one is a narrow exception and a person should not rely on an exception without first obtaining the legal opinion of an attorney. For example, in general a minor has no legal status to take any action in civil court. The statute does not begin until the person turns 18. Another example is a person injured in an automobile accident that results in a coma. A person cannot take legal action while unconscious, so the statute would not start running until the injured party regains consciousness. In all of these matters, the justifications for statutes of limitations do not apply. That is due to the fact that to apply the statute would not be fair and equitable. These exceptions and changes to the statute of limitations definition are either made by the legislature or the courts.

California Civil Code 337 outlines the time to file a civil action other than the statute of limitations for recovery of real property. The civil action relates to actions involving contracts and is normally four years. California Civil Code 337 is very specific. It also is the statute of limitations California credit card debt. Legal advice from an attorney as to how this code section applies to a case is highly recommended. An example is the statute of limitations California credit card debt. It is not always clear when the four years starts. An examination of the bill and charges is necessary before deciding when the civil lawsuit statute of limitations starts and ends.

The statute on the injury to a person is two years. The date of the injury, such as an automobile accident, marks day one. The time to bring a lawsuit for injury to a person is subject to some of the exceptions noted before, including minority and incompetency. Remember that negotiating a settlement with an insurance company does not stop the statute. If there is no agreement before the two years run, then a lawsuit must be timely filed. The California Statutes of Limitations is clear on that matter.

Other California Civil Statute of Limitations include three years for injury to personal property. This includes trespass, fraud, and any taking of the property. Injury to personal property includes many different actions like fraud. It also includes the statute of limitations California theft for a civil action known as conversion. This is not the statute for criminal charges in California for theft of personal property. Criminal charges in California and a civil action involving the statute of limitations California theft are separate matters.

Another area is statute of limitations real estate. An example is actions involving contractors and builders. The normal period is ten years from the date the building was basically finished. This statute of limitations real estate gives the owner sufficient time to discover defects that would lead to a lawsuit.

The California statute of limitations criminal covers criminal offenses. The time normally commences when the crime occurred. The statute exists to protect individuals from being charged at a much later date. For example, there is a statute of limitations on assault and another statute of limitations California dui. The statute of limitations on assault is one year for a misdemeanor and the statute of limitations California dui is the same. No matter what the statute, bail bonds and a good defense counsel are essential in criminal cases.

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