Legal Question in International Law in California
statute of limitations for taking legal action on investment
I invested 150,000.00 CND with a friend in California. I live in Canada. there were 2 separate investments. they were special stock issues. I sent forms which I signed and returned to him but which he did not sign and return to me. 7 years later, I still have not received anything from these investments and have not had my investment returned to me after repeated requests.
I would like to initiate legal action to see if I can recover some of the funds but wonder if I have left it too long. is there a statute of limitation on this?
I am wondering if there is anything I can do. I have band wires to his account for all the money that was transferred as well as 7 years worth of email correspondence talking about the investments. thank you for any help you can give me.
1 Answer from Attorneys
Re: statute of limitations for taking legal action on investment
I am not a specialist in collection matters and without further details I cannot give you a more precise answer than to believe that at first glance they are several statutes of limitations in California that might be relevant to your inquiry.
(1) The six-year statute [Code of Civil Procedure Sec. 336a] for actions upon any bonds, notes or debentures issued by any corporation or pursuant to permit from the Commissioner of Corporations.
(2) The four-year statute [CCP337 (1)]] on action upon an instrument in writing, [CCP337 (2)] book account, and [CCP337 (3)] an action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. And
(3) The three-year statute [CCP338 (d)] on an action for relief on the ground of fraud or mistake. The cause of action (the right to suit) in that case is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or the mistake.
Although it seems that a seven-year period may have barred any claim you may have you will note that most statutes take effect not only upon specific fact of time but also upon legal interpretation thereof and some times get extended under specific circumstances.
However, without an adequate history of your matter and an extensive research, at this time, it is not possible to determine if the aforementioned and/or some other specific statues in California and/or in other relevant jurisdictional venues [i.e. Federal, Canadian or International] may be applicable to your case.
Sincerely, Me F.R. Favre.