Legal Question in Civil Litigation in California

Re: Statute of Limitations

I know of no exception to the stringent controls of a statute of limitations, however, the statute on personal injury actions has been increased on various matters to two years in California and, if in fact you contacted an attorney in the interrim and prior to the running of the statute, you may want to call him/her re this. Did he/she tell you statute and warn of it's running?

Re: Statute of Limitations

There are a number of statutes that either toll the running of the statute of limitations on a cause of action or proceeding because of the legal disability of the person entitled to commence it or allow a specified time within which to sue after the disability is removed.

The principal disabilities are minority and insanity [see Code Civ. Proc. � 352(a) ], imprisonment [see Code Civ. Proc. � 352.1(a) ], and war [see Code Civ. Proc. � 354 ]. A minor is a person under 18 years of age [ Civ. Code � 25 ]. An insane person is one who is incapable of caring for his or her property, transacting business, or understanding the nature of effects of his or her acts [see Wade v. Busby (1944) 66 Cal. App. 2d 700, 703, 152 P.2d 754; see also Snyder v. Boy Scouts of America, Inc. (1988) 205 Cal. App. 3d 1318, 1324, 253 Cal. Rptr. 156 (alleged posttraumatic syndrome does not constitute insanity under Code Civ. Proc. � 352 )]. Imprisonment generally means imprisonment on a criminal charge or in execution under a sentence for any term le ss than life [Code Civ. Proc. � 352.1(a)], that is, for any term less than life without the possibility of parole by reason of commutation of a death sentence [Grasso v. McDonough Power Equipment, Inc. (1968) 264 Cal. App. 2d 597, 600-602, 70 Cal. Rptr. 458].

An action, other than one to recover real property or one against a public entity or public employee for which a claim must be filed, by a minor or insane person is tolled during the period of the disability [see Code Civ. Proc. � 352(a) ]. The term ''insane person'' includes one who has been injured so severely as to be rendered incapable of caring for his or her property, transacting business, or understanding the nature or effects of his or her acts [ Tzolov v. International Jet Leasing, Inc. (1991) 232 Cal. App. 3d 117, 118-119, 283 Cal. Rptr. 314 ; see Feeley v. Southern Pacific Transportation Co. (1991) 234 Cal. App. 3d 949, 951-953, 285 Cal. Rptr. 666 (''insanity'' sufficient to toll limitation period includes unconsciousness)].