California Code of Civil Procedure. California

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СКАЧАТЬ means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner.

      (Added by Stats. 1959, Ch. 1010.)

      337.1. (a) Except as otherwise provided in this section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than four years after the substantial completion of such improvement for any of the following:

      (1) Any patent deficiency in the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property;

      (2) Injury to property, real or personal, arising out of any such patent deficiency; or

      (3) Injury to the person or for wrongful death arising out of any such patent deficiency.

      (b) If, by reason of such patent deficiency, an injury to property or the person or an injury causing wrongful death occurs during the fourth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than five years after the substantial completion of construction of such improvement.

      (c) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.

      (d) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.

      (e) As used in this section, “patent deficiency” means a deficiency which is apparent by reasonable inspection.

      (f) Subdivisions (a) and (b) shall not apply to any owner-occupied single-unit residence.

      (Added by Stats. 1967, Ch. 1326.)

      337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:

      (1) Any latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property.

      (2) Injury to property, real or personal, arising out of any such latent deficiency.

      (b) As used in this section, “latent deficiency” means a deficiency which is not apparent by reasonable inspection.

      (c) As used in this section, “action” includes an action for indemnity brought against a person arising out of that person’s performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action which has been brought within the time period set forth in subdivision (a) of this section.

      (d) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for bringing any action.

      (e) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.

      (f) This section shall not apply to actions based on willful misconduct or fraudulent concealment.

      (g) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:

      (1) The date of final inspection by the applicable public agency.

      (2) The date of recordation of a valid notice of completion.

      (3) The date of use or occupation of the improvement.

      (4) One year after termination or cessation of work on the improvement.

      The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement.

      (Amended by Stats. 1981, Ch. 88, Sec. 1.)

      337.2. Where a lease of real property is in writing, no action shall be brought under Section 1951.2 of the Civil Code more than four years after the breach of the lease and abandonment of the property, or more than four years after the termination of the right of the lessee to possession of the property, whichever is the earlier time.

      (Added by Stats. 1970, Ch. 89.)

      337.5. Within 10 years:

      (a) An action upon any general obligation bonds or coupons, not secured in whole or in part by a lien on real property, issued by any county, city and county, municipal corporation, district (including school districts), or other political subdivision of the State of California.

      (b) An action upon a judgment or decree of any court of the United States or of any state within the United States.

      (Amended by Stats. 2010, Ch. 719, Sec. 7. Effective October 19, 2010.)

      337.6. Notwithstanding the provisions of Section 337.5 of this code actions may be brought on bonds or coupons as set forth in subsection 2 of said section, against which the statute of limitations ran on or after August 27, 1937; provided, such actions are brought on or before June 30, 1959. Upon presentation for payment they shall be registered and payment shall not be made thereon until the next fiscal year following presentation unless available funds are sufficient to first pay obligations which are due or will become due from the same fund during the fiscal year of presentation and during the next succeeding six months. Interest shall not be paid on bonds or coupons registered for the purpose of this section.

      (Amended by Stats. 1957, Ch. 719.)

      338. Within three years:

      (a) An action upon a liability created by statute, other than a penalty or forfeiture.

      (b) An action for trespass upon or injury to real property.

      (c) (1) An action for taking, detaining, or injuring goods or chattels, including actions for the specific recovery of personal property.

      (2) The cause of СКАЧАТЬ