Legal Question in Real Estate Law in California
statue of limitations
what would be the statue of limitation regarding a case that would have to go to small claims court?
1 Answer from Attorneys
Re: statue of limitations
The answer to your question depends on what type of case it is, not what court the case gets filed in. In California, if you are suing someone on a contract claim, the statute of limitation is generally 2 or 4 years (2 years for oral contracts, 4 years for written contracts). If it is a tort (i.e., an auto accident, fraud, etc.) the statute would generally be 1 year from the incident giving rise to the claim. There are a host of other statutes of limitation in California, and a number of exceptions to the general rules. If you need further information, feel free to e-mail me at [email protected].