Legal Question in Civil Litigation in California
unlawful lien-SOL
An unlawful lien was placed for 2 1/2 years, then lifted. When did time accrual start for statute of limitations. At the beginning or at the end?
1 Answer from Attorneys
Re: unlawful lien-SOL
I am assuming from your post that you are referring to the statute of limitations to file suit for slander of title. If you are seeking something different, let me know and I will correct this response.
The statute of limitations for an action based on slander of title is three years. (Code of Civ. Proc. sec. 338 subd. (g).)
The statute commences to run when the plaintiff suspects, or should have suspected, that he or she has been wronged. (Stalberg v. Western Title Ins. Co. (6th Dist. 1994) 27 Cal.App.4th 925, 929.)
This means that a defendant would prevail if he could show that the plaintiff should have discovered the wrong earlier, even if a plaintiff claims he discovered it later. You should speak to an attorney at lengthif you feel that you may have a statute of limitation problem.
There are other issues with slander of title actions, the largest one involves "privilege."
Very truly yours,
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