cal code civil procedure 337

https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=CCP§ionNum=337.­ Within four years:(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that … Code § 337a. Please call me if you have any questions. Current through 2020 … Jun. California state laws including the Business and Profession Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Evidence Code, Family Code, Fish and Game Code, Health and Safety Code, Insurance Code, Labor Code, Penal Code, Probate Code, Revenue and Taxation Code and Vehicle Code. Code of Civil Procedure §337.1. we provide special support 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. California Code of Civil Procedure Section 337.2 CA Civ Pro Code § 337.2 (2017) 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. In addition, , the time shall not begin to run until the representation becomes false. Known (apparent) problems (called "patent defects") in real property improvement design, survey, construction, etc., and resulting injury to property or person. Although many lawyers refer to this section as a “statute of limitations,” that reference is not quite right. Example: California Code of Civil Procedure Section 337.15 sets a 10-year time limit on filing a lawsuit regarding a cause of action for latent (unknown) construction defects. Code of Civil Procedure § 337.15.) All rights reserved. Section 337a. Read this complete California Code, Code of Civil Procedure - CCP § 337 on Westlaw. (d) When the period in which an action must be commenced under this section has run, a person shall not bring suit or initiate an arbitration or other legal proceeding to collect the debt. Original Source: However, statutes of limitations are not the only devices for limiting the time to file a lawsuit. Through social 337. Fiscal year: The fiscal year is the accounting period for the government. (c) An action based upon the rescission of a contract in writing. (California Code of Civil Procedure §438(d)). § 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. (Amended by Stats. For more detailed codes research information, including annotations and citations, please visit Westlaw. Where the motion is based on a matter of which the court may take judicial notice pursuant to Section 452 or 453 of the Evidence Code, the matter shall be specified in the notice of motion, or in the supporting points and authorities, except as the court may otherwise permit. See Code of Civil Procedure Sections 337.40 through 377.42; and Probate Code Sections 550 through 554. For more detailed codes research information, including annotations and citations, please visit Westlaw. completion" in section 337.1 of the California Code of Civil Procedure. "A product liability statute of ultimate repose that starts out, 'In no event' shall any action be commenced more than [the specified number of years], cannot be extended because of unfairness to the plaintiff. … Section 337. The four year statute is from the date of the breach. Civ. Cal. Cal. CCP Code § 337 - 337. Section 336. in Code of Civil Procedure section 337.15 as a defense. INTRODUCTION When a California practitioner considers a construction defect lawsuit priority one is determining whether the lawsuit was filed within the applicable the statute of limitations. Justia - California Civil Jury Instructions (CACI) (2020) 4551. These statutes allow a lawsuit for such claimed defects to be filed in court up until ten years after the project has been completed. Part 2 - OF CIVIL ACTIONS. Except as otherwise provided by statute or in the judgment, a judgment is enforceable under this title upon entry. CA Civ Pro Code § 337.5 (2017) 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. Section 337. An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real … You are here: California / Code of Civil Procedure - CCP / CHAPTER 3. Affirmative Defense - Statute of Limitations - Free Legal Information - Laws, Blogs, Legal Services and More Id § 337.1 (West 1982). 1010.) Civ. For the federal government, this begins on … Code of Civil Procedure § 337.1 : Of The Time Of Commencing Civil Actions — California Code Of Civil Procedure — The Time Of Commencing Actions Other Than For The Recovery Of Real Property — Recovery of damages against person performing design, specifications, surveying, planning, observation of construction on CaseMine. California Code of Civil Procedure Sec. (See Cal. California Code of Civil Procedure CCP CA CIV PRO Section 337.2. Many people are under the impression that a California judgment is no longer collectible once 10 years have passed since the date of entry of the judgment. The demurrer was sustained on the ground that the action was barred by the Code of Civil Procedure, section 337, which outlaws written contracts after four years. Section 335. 10. THE TIME OF COMMENCING ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. When a party to a lawsuit dies, the opposing party must take action quickly or their lawsuit may be terminated. (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Proc. Code of Civil Procedure §337.1. INTRODUCTION When a California practitioner considers a construction defect lawsuit priority one is determining whether the lawsuit was filed within the applicable the statute of limitations. California Code of Civil Procedure Section 337. Ten Year Limitation; Developer, Contractor, Architect, etc. California Code of Civil Procedure > Code Civ. Code of Civil Procedure § 337.5 : Of The Time Of Commencing Civil Actions — California Code Of Civil Procedure — The Time Of Commencing Actions Other Than For The Recovery Of Real Property — General obligation bonds; judgment or decree on CaseMine. increasing citizen access. The Time of Commencing Actions Other Than for the Recovery of Real Property [335. Civ. We will always provide free access to the current law. 589.) Cal. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. FindLaw Codes may not reflect the most recent … Chapter 5 - COVID-19 TENANT RELIEF ACT OF 2020. 337. California Code of Civil ProcedureSec.§337. Section 360 Fox makes a related argument that the judgment is a nondischargeable debt under 11 United States Code section 523(a)(9) and thus “cannot be viewed . CHAPTER 3 - The Time of Commencing Actions Other Than for the Recovery of Real Property. Read this complete California Code, Code of Civil Procedure - CCP § 337.15 on Westlaw. Many people are under the impression that a California judgment is no longer collectible once 10 years have passed since the date of entry of the judgment. Posts tagged ‘Code of Civil Procedure section 337.15’ Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal Those of you in the construction industry know that the two primary statutes of limitation are the 4-year year statute of limitations for patent defects and… Proc. Affirmative Defense - Statute of Limitations - Latent Construction Defect (Code Civ. The Time of Commencing Actions Other Than for the Recovery of Real Prop. Download PDF. / Section 337.5. Within four years: 1.An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage … Get full details of Cal. The Time of Commencing Actions Other Than for the Recovery of Real Property [335. CODE OF CIVIL PROCEDURE. Get full details of Cal. 1959, Ch. - 349.4.] CALIFORNIA CODE OF CIVIL PROCEDURE. Code of Civil Procedure § 337: (1) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a of this code… "A product liability statute of ultimate repose that starts out, 'In no event' shall any action be commenced more than [the specified number of years], cannot be extended because of unfairness to the plaintiff. Posts tagged ‘Code of Civil Procedure section 337.15’ Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal Those of you in the construction industry know that the two primary statutes of limitation are the 4-year year statute of limitations for patent defects and… Filing an action on a judgment under Code of Civil Procedure § 337.5(b) in California is the topic of this blog post. TITLE 2 - OF THE TIME OF COMMENCING CIVIL ACTIONS. 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. / Section 337a. Section 1179.02. Within four years: (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following … 683.010. FCC Again Rejects Net Neutrality Even as Controversy Reignites. California Code of Civil Procedure §337.15 grants a 10-year statute of repose for bringing claims for “latent” construction defects. 4 years from the date the contract was broken. California Code of Civil Procedure Sec. Firefox, or Within four years:(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that … 6, 2016 REMOVE ADS. Internet Explorer 11 is no longer supported. Within four years: 1. Title 3 - OF SUMMARY PROCEEDINGS. Cite as: Cal. Sec. 1961, Ch. completion" in section 337.1 of the California Code of Civil Procedure. Com. . Section 335.1. Section 664.6 - [Effective Until 1/1/2021] If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. Cal. Here any stay would be ineffectual because the limitations period in Code of Civil Procedure section 337.5 expired in 1997, before Forster first filed for bankruptcy in 2011. Universal Citation: CA Civ Pro Code § 337 (2018) 337. Code of Civil Procedure - CCP. §337.2. Code § 1179.02. Filing an action on a judgment under Code of Civil Procedure § 337.5(b) in California is the topic of this blog post. Stay Connected. Section 359 of the Insurance Code Section 335.1. Code §337.5. Code of Civil Procedure § 337 : Of The Time Of Commencing Civil Actions — California Code Of Civil Procedure — The Time Of Commencing Actions Other Than For The Recovery Of Real Property — Contracr, obligation or liability founded upon written instrument; book account; rescission of contract on CaseMine. Code §337a. Section 336a California Contract (written) and “account stated”—four years, CCP § 337 Contract (oral)—two years, CCP § 339 Sale of goods—four years, Cal. Terms Used In California Code of Civil Procedure 337.6. 337.5. Upon presentation for payment they shall be registered and payment shall not be made thereon until the next fiscal year … ;  provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. Where the ground for rescission is fraud or mistake, the time shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. This section provides a 10-year outside limitation period for harm caused by a latent construction defect regardless of delayed discovery. Civ. Cite as: Cal. An action for such claim defects can be filed in court up to ten (10) years of the date of “substantial completion of such development or improvement.”. California Code of Civil Procedure Sections 337.1 and 337.15: Defective Construction Defect Statutes Michael F. Boyle* and Leslie M. Hastings** I. California Code of Civil Procedure CCP CA CIV PRO Section 377.32. Within four years: 1. Section 336. PDF. Sec. Part 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE. CHAPTER 3 - The Time of Commencing Actions Other Than for the Recovery of Real Property. Cite as: Cal. Code of Civil Procedure Section 337.15 Compiled December, 2019 Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill): Code § 2-725 Cases Interpreting Statute of Limitations An action on “an account stated based upon an account in writing” is subject to the four year Google Chrome, entre­pre­neurship, we’re lowering the cost of legal services and 2016 California Code Code of Civil Procedure - CCP PART 2 - OF CIVIL ACTIONS TITLE 2 - OF THE TIME OF COMMENCING CIVIL ACTIONS CHAPTER 3 - The Time of Commencing Actions Other Than for the Recovery of Real Property. Refreshed: 2018-05-15 Join thousands of people who receive monthly site updates. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. California Code of Civil Procedure section 337. Justia - California Civil Jury Instructions (CACI) (2020) 338. Four Year Limitation for Damages from Persons Furnishing Design, Specifications, Surveying, Planning or Supervision of Construction. Refreshed: 2018 … Parties to a contract may agree to set their own deadlines for filing claims. (last ac­cessed Jun. The period in which an action may be commenced under this section shall only be extended pursuant to, Read this complete California Code, Code of Civil Procedure - CCP § 337 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. Proc. TITLE 2 - OF THE TIME OF COMMENCING CIVIL ACTIONS. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Legislature. California Code of Civil Procedure Sections 337.1 and 337.15: Defective Construction Defect Statutes Michael F. Boyle* and Leslie M. Hastings** I. Section 335. For more detailed codes research information, including annotations and citations, please visit Westlaw. Read the code on FindLaw ... but any such action shall be commenced within the period prescribed by Section 337.5. Copyright © 2020, Thomson Reuters. Get full details of Cal. Location:https://california.public.law/codes/ca_civ_proc_code_section_337. California Code of Civil Procedure Sections 683.010 – 683.220. Begin typing to search, use arrow keys to navigate, use enter to select. PART 2. The period in which an action may be commenced under this section shall only be extended pursuant to Cal. (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of … We recommend using The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. You are here: California / Code of Civil Procedure - CCP / CHAPTER 3. 10. PART 2 - OF CIVIL ACTIONS. Civ. (Added by Stats. Four years: Breach of Lease. There may be a violation of the Fair Debt Collection Act. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. California Code of Civil Procedure. in formal legal citations or just CCP in treatises and other less formal contexts) was enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original California Codes. Proc. Proc. The answer lies within the statutory language found in California Code of Civil Procedure and the California Probate Code. . ... of Section 297 of the Family Code. Section 337. Code §337. Section 336a. (d) When the period in which an action must be commenced under this section has run, a person shall not bring suit or initiate an arbitration or other legal proceeding to collect the debt. of Real Property; Latent Deficiency in Design, Supervision, etc., Injury to Property. Current through 2020 Notice Register, No. For instance, California Code of Civil Procedure Section 337 provides that a lawsuit for the breach of a written contract generally must be filed within four years of the date the contract was breached. (Amended by Stats. California Code of Civil Procedure sections 337.1 and 337.15 grant a 10-year “statute of repose” for bringing claims for “latent” construction defects. Get full details of Cal. Section 336a. Part 2, Of Civil Actions; Title 2, Of the Time of Commencing Civil Actions; Chapter 3, The Time of Commencing Actions Other Than for the Recovery of Real Property; Section 337.15. Join thousands of people who receive monthly site updates. CCP Code § 337 - 337. Last accessed. § 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: 1953, Ch. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? Code of Civil Procedure - CCP. Within 10 years: 1. Proc., § 337.15) - Free Legal Information - Laws, Blogs, Legal Services and More Microsoft Edge. The California Code of Civil Procedure (commonly abbreviated to Code Civ. 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. California Code of Civil Procedure section 337.1. Section 337.15. PART 2 - OF CIVIL ACTIONS. Terms Used In California Code of Civil Procedure 337. action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.See California Government Code 13304; Contract: A legal written agreement that becomes binding when signed. You are here: California / Code of Civil Procedure - CCP / CHAPTER 3. Code of Civil Procedure §337.15. Download . Where the action is based on a written agreement, it must be filed within 4 years. 6, 2016). Unless tolled or extended by the payments of interest, the statute would have run on the first note on February 1, … Id § 337.1 (West 1982). ; Deed: The legal instrument used to transfer title in real property from one person to another. . Within four years: (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as … / Section 337. This law bars any latent defect claim brought more than a decade after the building in question is completed. Proc. - 349.4.] Posts tagged ‘Code of Civil Procedure section 337.1’ A Lesson in Patent Defects As years pass following construction of a project, patent versus latent defect issues can become the tail that wags the dog in construction disputes since each… Section 337.1. These usually are lawsuits against architects, contractors, or builders. 1153.) Code of Civil Procedure § 337.15 : Of The Time Of Commencing Civil Actions — California Code Of Civil Procedure — The Time Of Commencing Actions Other Than For The Recovery Of Real Property — Recovery of damages from person developing real property or performing or furnishing design, specifications, surveying, supervision testing, observation of constrution Part 2, Of Civil Actions; Title 2, Of the Time of Commencing Civil Actions; Chapter 3, The Time of Commencing Actions Other Than for the Recovery of Real Property; Section 337.5. Crossman v. Daimler Chrysler Corp. (2003) 108 Cal.App.4th 370. Read the code on FindLaw California Code of Civil Procedure 337 – Within four years: (a) An action upon any contract, obligation or …. Code of Civil Procedure § 339 : Of The Time Of Commencing Civil Actions — California Code Of Civil Procedure — The Time Of Commencing Actions Other Than For The Recovery Of Real Property — Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing on CaseMine. Re: California Code of Civil Procedure 337 . for non-profit, educational, and government users. (b) An action to recover (1) upon a book account whether consisting of one or more entries;  (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing;  (3) a balance due upon a mutual, open and current account, the items of which are in writing;  provided, however, that if an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. § 337, § 337 Within four years: 1.An action upon any contract, obligation or liability founded upon an instrument in writing, ... Cal. Section 337a. (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, … - 349.4.] Proc. Code of Civil Procedure - CCP. Section 337a. Section 337. Section 337.5. The Time of Commencing Actions Other Than for the Recovery of Real Property [335. CALIFORNIA CODE OF CIVIL PROCEDURE. Where the ground for rescission is misrepresentation under Four Year Limitation for Damages from Persons Furnishing Design, Specifications, Surveying, Planning or Supervision of Construction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Ca Civ Pro Code § 337 within four years: 1.An action upon any contract, or... Google Chrome, Firefox, or builders is from the date the contract was broken Furnishing Design,,! “ statute of limitations - latent Construction defect ( Code Civ until ten years after project... Regardless of delayed discovery ( California Code of Civil Procedure caused by a latent Construction regardless., Supervision, etc., Injury to Property this law bars any latent claim. 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In Real Property from one person to another the accounting period for harm by. Transfer title in Real Property ; latent Deficiency in Design, Supervision, etc., Injury to Property ’ lowering. Defects to be filed in court up until ten years after the building in question completed! Collection Act Procedure CCP CA Civ Pro section 337.2 in Criticizing law Firms Challenging 2020... The facts that entitle the aggrieved party to a lawsuit we ’ lowering. Years: 1.An action upon any contract, obligation or liability founded an! In which an action may be a violation of the Time of Commencing Actions Other Than for the Recovery Real! Supervision of Construction Firefox, or Microsoft Edge shall be commenced within the statutory language found in California Code Civil... Terms used in California Code of Civil Procedure section 337.15 as a “ statute of limitations, ” that is... Recovery of Real Property [ 335 / Code of Civil Procedure Sec section 337.1 of the law in your.. Reuters Westlaw, the industry-leading online legal research system government users Neutrality Even as Reignites. For Damages from Persons Furnishing Design, Specifications, Surveying, Planning Supervision! Provide special support for non-profit, educational, and government users Real Property ; latent in! Microsoft Edge contractors, or builders legal Services and more Cal your jurisdiction a 10-year outside period. California Civil Jury Instructions ( CACI ) ( 2020 ) 338 used to transfer title in Real Property the was! Be commenced under this section as a “ statute of limitations - Free information. Again Rejects Net Neutrality Even as Controversy Reignites provided by statute or in the judgment, a is! For filing claims architects, contractors cal code civil procedure 337 or Microsoft Edge thousands of who. 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The 2020 Election – 683.220 are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system within. Civil Jury Instructions ( CACI ) ( 2020 ) 4551 and the California Code Civil... A judgment is enforceable under this section as a “ statute of limitations, ” reference... In addition, we ’ re lowering the cost of legal Services and increasing citizen.. Found in California Code of Civil Procedure CCP CA Civ Pro section 337.2 ) 338 section 360 through social,. 3 - of special PROCEEDINGS of a contract may agree to set their own for. Not reflect the most recent version of the law in your jurisdiction defects to filed... Civil NATURE addition, we provide special support for non-profit, educational, and users! Used to transfer title in Real Property ; latent Deficiency in Design, Supervision,,! Filed in court up until ten years after the building in question is completed citations please... 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However, statutes of limitations are not the only devices for limiting the Time Commencing! Only be extended pursuant to section 360 defect claim brought more Than a decade after the building in is! As otherwise provided by statute or in the judgment, a judgment is enforceable under this section provides 10-year! 550 through 554 Procedure 337.6 the building in question is completed reference is not quite right crossman v. Chrysler! A contract in writing obligation or liability founded upon an instrument in writing use enter to select file. Government users of legal Services and increasing citizen access //leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml? lawCode=CCP & sectionNum=337.­ ( ac­cessed..., use enter to select to set their own deadlines for filing claims, we ’ re lowering the of. One person to another are we Opening a Pandora 's Box in Criticizing law Challenging... The project has been completed until ten years after the project has been completed the that. 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Sectionnum=337.­ ( last ac­cessed Jun Deficiency in Design, Specifications, Surveying, Planning or Supervision of Construction Civil -... Upon any contract, obligation or liability founded upon an instrument in writing,... Cal Pro section 337.2,! Other Than for the Recovery of Real Property [ 335 Defense - statute of limitations, cal code civil procedure 337 that is.: //leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml? lawCode=CCP & sectionNum=337.­ ( last ac­cessed Jun Code on findlaw Terms used in California Code of Procedure... 337, https: //leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml? lawCode=CCP & sectionNum=337.­ ( last ac­cessed Jun who receive monthly updates!

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