CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Statutes of Limitation
 13 Cards On This Topic:
  • Statutes of limitation.
  • Limitations period for legal malpractice under CCP 340.6 tolled as to atty but NOT as to atty's former law firm while atty continues to represent client in same specific subject matter in which alleged malpractice occurred.
  • No statute of limitations runs against a party in possession of real property so long as other party doesn't assert an adverse claim that disturbed P's possession or threatened his claim to superior title.
  • CCP §340.6(a) imposes a one-year statute of limitations for malicious prosecution claims against attorneys.
  • There is no statute of limitations under FC §1101(a) if the action is pursued following a spouse's death; the only limitation is laches.
  • In professional negligence case, relation back doctrine cannot cure plaintiff's failure to include a certificate of merit with his initial complaint.
  • In an action tried by jury, the CCP §583.310 five-year statute of limitations is tolled when the prospective jurors are impaneled and sworn.
  • Error to sustain D's demurrer on CCP 340.6 SOL grounds based on his alleged violation of professional duty where at least one of P's claims not time-barred based on a reasonable construction of the complaint.
  • Heirs to Alta Dena Dairy fortune may sue law firm which turned its back and collected fees while allowing its attorney to help himself to heirs' assets.
  • One-year SOL in CCP 340.6(a) applies to malicious prosecution claim brought against attorney based on his/her participation in the litigation on which the malicious prosecution claim is based.
  • Equitable estoppel may preclude party from asserting SOL defense to untimely action re estate distribution where party's wrongdoing induced other party to forbear filing suit.
  • As one-year SOL under CCP 340.6 applies to action for malicious prosecution against attorney rather than the two-year SOL that applies to malicious prosecution actions generally, attys' motion to strike properly granted.
  • Four-yr. SOL for written contract applied where, although D didn't sign settlement agreement, he agreed to its specific terms in open court.


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