California Code of Civil Procedure. California

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СКАЧАТЬ An act of torture, as described in Section 206 of the Penal Code.

      (B) An act of genocide, as described in Section 1091(a) of Title 18 of the United States Code.

      (C) A war crime, as defined in Section 2441 of Title 18 of the United States Code.

      (D) An attempted extrajudicial killing, as defined in Section 3(a) of Public Law 102–256.

      (E) (i) Crimes against humanity.

      (ii) For purposes of this paragraph, “crimes against humanity” means any of the following acts as part of a widespread or systematic attack directed against a civil population, with knowledge of the attack:

      (I) Murder.

      (II) Extermination.

      (III) Enslavement.

      (IV) Forcible transfer of population.

      (V) Arbitrary detention.

      (VI) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.

      (VII) Persecution on political, race, national, ethnic, cultural, religious, or gender grounds.

      (VIII) Enforced disappearance of persons.

      (IX) Other inhuman acts of similar character intentionally causing great suffering, serious bodily injury, or serious mental injury.

      (2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102–256.

      (3) An action for the taking of property in violation of international law, in which either of the following apply:

      (A) That property, or any property exchanged for such property, is present in the United States in connection with a commercial activity carried on in the United States by a foreign state.

      (B) That property, or any property exchanged for such property, is owned or operated by an agency or instrumentality of a foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.

      (4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive.

      (b) An action brought under this section shall not be dismissed for failure to comply with any previously applicable statute of limitations.

      (c) Section 361 shall not apply to an action brought pursuant to this section if all or part of the unlawful act or acts out of which the action arises occurred in this state.

      (d) A prevailing plaintiff may be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs.

      (e) This section shall apply to all actions commenced concerning an act described in paragraphs (1) to (4), inclusive, of subdivision (a), that occurs on or after January 1, 2016.

      (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

      (Added by Stats. 2015, Ch. 474, Sec. 2. Effective January 1, 2016.)

      355. If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal other than on the merits, a new action may be commenced within one year after the reversal.

      (Amended by Stats. 1992, Ch. 178, Sec. 7. Effective January 1, 1993.)

      356. When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.

      (Enacted 1872.)

      357. No person can avail himself of a disability, unless it existed when his right of action accrued.

      (Enacted 1872.)

      358. When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed.

      (Enacted 1872.)

      359. This title does not affect actions against directors, shareholders, or members of a corporation, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created.

      (Amended by Stats. 1978, Ch. 1305.)

      359.5. If the obligations under a surety bond are conditioned upon performance of the principal, the expiration of the statute of limitations with respect to the obligations of the principal, other than the obligations of the principal under the bond, shall also bar an action against the principal or surety under the bond, unless the terms of the bond provide otherwise.

      (Added by Stats. 1982, Ch. 106, Sec. 1.)

      360. No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby, provided that any payment on account of principal or interest due on a promissory note made by the party to be charged shall be deemed a sufficient acknowledgment or promise of a continuing contract to stop, from time to time as any such payment is made, the running of the time within which an action may be commenced upon the principal sum or upon any installment of principal or interest due on such note, and to start the running of a new period of time, but no such payment of itself shall revive a cause of action once barred.

      (Amended by Stats. 1955, Ch. 417.)

      360.5. No waiver shall bar a defense to any action that the action was not commenced within the time limited by this title unless the waiver is in writing and signed by the person obligated. No waiver executed prior to the expiration of the time limited for the commencement of the action by this title shall be effective for a period exceeding four years from the date of expiration of the time limited for commencement of the action by this title and no waiver executed after the expiration of such time shall be effective for a period exceeding four years from the date thereof, but any such waiver may be renewed for a further period of not exceeding four years from the expiration of the immediately preceding waiver. Such waivers may be made successively. The provisions of this section shall not be applicable to any acknowledgment, promise or any form of waiver which is in writing and signed by the person obligated and given to any county to secure repayment of indigent aid or the repayment of moneys fraudulently or illegally obtained from the county.

      (Amended by Stats. 1953, Ch. 655.)

      361. When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of СКАЧАТЬ