Iman Occupant Posted March 30, 2009 Report Share Posted March 30, 2009 Does anyone have any California appellate court cites affirming a motion to dismiss for the expiration of the statute of limitations? Link to comment Share on other sites More sharing options...
calawyer Posted March 31, 2009 Report Share Posted March 31, 2009 I'm not sure exactly what you are asking. Are you looking for a case saying that a motion to dismiss is the correct procedural vehicle for challenging a time-barred complaint (as opposed to a demurrer, for example)? Also, are you in State court? Link to comment Share on other sites More sharing options...
nascar Posted March 31, 2009 Report Share Posted March 31, 2009 Can you be more specific? A HUGE number of California statute of limitation cases have been red flagged. Has the law changed recently? Link to comment Share on other sites More sharing options...
Iman Occupant Posted March 31, 2009 Author Report Share Posted March 31, 2009 I'm in state court in California. I'm looking for California appellate cases that afirm that the statute of limitations does indeed bar the jurisdiction of the court in debt actions to back up the state laws that say so.California Code of Civil Procedure Part 2, Title 2 – The Time Of Commencing Civil Actions:§312 states:“Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by statute.”§337 states :“Within four years: 1. An action upon any contract, obligation or liability founded upon an instrument in writing . . ..” (Emphasis added.) Link to comment Share on other sites More sharing options...
calawyer Posted March 31, 2009 Report Share Posted March 31, 2009 I'm still not sure exactly what you are looking for. If the complaint demonstrates, on its face, that the action is time-barred, you really don't need much in the way of case law unless there is a particular problem such as discovery or accrual. The following is a case that sets forth some general law regarding the statute of limitations and it cites many other cases on the subject: E-Fab, Inc. v. Accountants, Inc. Services (2007) 153 Cal. App. 4th 1308. Hope this helps. Link to comment Share on other sites More sharing options...
Iman Occupant Posted March 31, 2009 Author Report Share Posted March 31, 2009 Thanks, that's what I was looking for. Link to comment Share on other sites More sharing options...
Iman Occupant Posted March 31, 2009 Author Report Share Posted March 31, 2009 I read here somewhere that California law does not restart the statute of limitations clock if payments are made after a debt is written off as bad. I need a California cite that confirms that once the debt is written off as bad any subsequent payments do not reset the statute of limitations clock unless a new written agreement is executed. Link to comment Share on other sites More sharing options...
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