Legal Question in Civil Litigation in California

Statue of Limitations

What is the statue of limitations for filing a civil complaint?


Asked on 11/01/04, 12:14 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Statue of Limitations

The statutes vary with the causes of action. Call me directly at (619) 222-3504.

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Answered on 11/01/04, 12:50 pm
Charles White Charles G. White

Re: Statue of Limitations

There are varying statutes of limitations for all kinds of different cases. The general provisions are set forth in Chapter 16 of the Texas Civil Practices and Remedies Code. See:

http://www.capitol.state.tx.us/statutes/cp.toc.htm

Also, various Codes may have some variations for statutes of limitation, such a a suit on a promissory note. For example, see Section 3.118 of the Texas Business & Commerce Code at:

http://www.capitol.state.tx.us/statutes/bc.toc.htm

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Answered on 11/01/04, 12:51 pm
Larry Rothman Larry Rothman & Associates

Re: Statue of Limitations

It depends on the type of complaint. 2 years personal injury, 1 year attorney malpractice, 2 years oral contract, 3 years fraud, 4 years written contract.

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Answered on 11/01/04, 1:15 pm

Re: Statue of Limitations

As noted by previous responders, statutes of limitations vary depending upon the applicable cause(s) of action alleged in the complaint. The California Code of Civil Procedure (CCP) at approximately 313 et seq. lays out the statute of limitations in california. Some of the more common examples are listed below:

written contract= 4 years from breach

oral contract= 2 years from breach

personal injury= 2 years (from jan.1 2003 on)

Good luck. I hope this information answered your questions.

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Answered on 11/19/04, 1:08 am


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