Legal Question in Business Law in California

Statute of Limitations.

I have a case where I purchased a used vehicle with 74,000 miles from a private party and had it inspected by a dealership on 5/11/01 prior to purchase to make sure there were no problems with the vehicle. The dealership's written inspection results dated 5/11/01 stated that there were ''no problems'' with the vehicle. I purchased the vehicle on the basis of this inspection. 3 weeks after purchasing the vehicle, I had $500 in repairs, 3 weeks thereafter another $500, three weeks thereafter, another $500, and three weeks thereafter another $500, for a total of roughly $2,000 in repairs within a period of 3 weeks to 12 weeks (4 months) after the dealership's inspection that found ''no problems'' with the vehicle. From what I understand, the statute of limitations is 3 years and I am currently in the process of writing a demand letter to the dealership for damages resulting from their negligent inspection. However, I wanted to confirm that the statute of limitations is in fact 3 years. What is the statute of limitations in this type of a case? Also, I have another case regarding malicious prosecution, what is the statute of limitations in that case?


Asked on 4/06/04, 5:05 am

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Statute of Limitations.

What is your theory? I think Fraud is 3 years. I think Negligence is only 1 year. I can check for you to be sure, but you will need to pay me.

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Answered on 4/07/04, 12:36 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Statute of Limitations.

(1) Your potential claim could be expressed as fraud, breach of contract or negligence. The statute of limitations for fraud is three years; determining when it starts to run is tricky, but in general, whenever the fraud is discovered or should have been discovered. A suit for breach of a written contract must be brought within four years of the breach. Professional-negligence type actions have a two-year limitation. You face some difficult choices in tailoring an action to meet the statutes of limitations, to fit the facts and to give you adequate damages. Frankly, I don't think you have a very strong case based on the limited facts given. It seems to be a negligence matter and the statute seems to have run.

(2) The statute of limitations for malicious prosecution is one year and begins when the judgment in the underlying action is final.

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Answered on 4/06/04, 2:10 pm


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