Legal Question in Civil Litigation in California
cause of action on oral agreement with a bad check
In the case of an oral agreement for goods and a stop payment on the check written for those goods,what statute would it fall under on a cause of action common counts. 2 years for the oral agreement or 4 years? Or is it neither due to a bad check being in statutes for only 3yrs? I am very confused on this and need advise.
2 Answers from Attorneys
Re: cause of action on oral agreement with a bad check
Be safe. Use the 2 years.
Re: cause of action on oral agreement with a bad check
Based on the little facts that you've given here, it seems that the applicable statute of limitations is three years, assuming that the suit is based on a fraud theory. Section 338(d) of the California Code of Civil Procedure applies a three year statute of limitations to all actions for relief upon the grounds of fraud. Of course, this all depends on what types of claims the complain contains (i.e. claims sounding in contract have a different statute of limitations). Feel free to give me a call if you'd like to discuss you case further.
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