Legal Question in Civil Litigation in California

statue of limitations

Does the state of California have a statue of limitations to sue a tenent (no written contract) who burns your house down negligently (according to fire marshall account)? Tenent installed a commercial size kiln and had electrical down without knowledge or permission in 1999 and house subsequently burned to the ground.


Asked on 6/21/03, 12:14 pm

2 Answers from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: statue of limitations

There is a limitation of two years for breach of an unwritten lease agreement (see CCP sec. 339),

but you would be far better off(greater damages) with the negligent action, (rather than the agreement action)CCP sec. 335 seems to apply to all real property actions, other than for the recovery, but there doesn't seem to be a section for negligent destruction. On the other hand see CCP 338(b)- three (3) years is the limitation!

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Answered on 6/22/03, 3:30 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: statue of limitations

The law is not specific as to a tenant with a faulty kiln. Nevertheless, Code of Civil Procedure section 338 provides that there is a THREE year statute of limitation for "[a]n action for trespass upon or injury to real property." Please give me a call to see if I might be able to help you. You also should consider tendering the matter to your insurance carrier (if any) immediately. Good luck! -Robert F. Cohen, Esq., (310) 858-9771

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Answered on 6/21/03, 5:13 pm


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