Cal. Code of Civil Procedure § 366.2 : Of The Time Of Commencing Civil Actions — California Code Of Civil Procedure — Time Of Commencement Of Action After Person'S Death — Death of person against whom action brought before expiration of limitations period

1 Aug 2016

Current through the 2016 Legislative Session

(a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not accrued, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.
(b) The limitations period provided in this section for commencement of an action shall not be tolled or extended for any reason except as provided in any of the following, where applicable:
(1) Sections 12, 12a, and 12b of this code.
(2) Part 4 (commencing with Section 9000) of Division 7 of the Probate Code (creditor claims in administration of estates of decedents).
(3) Part 8 (commencing with Section 19000) of Division 9 of the Probate Code (payment of claims, debts, and expenses from revocable trust of deceased settlor).
(4) Former Part 3 (commencing with Section 21300) of Division 11 of the Probate Code (no contest clauses), as that part read prior to its repeal by Chapter 174 of the Statutes of 2008.
(c) This section applies to actions brought on liabilities of persons dying on or after January 1, 1993.
Ca. Civ. Proc. Code § 366.2
Amended by Stats 2009 ch 348 (SB 308),s 2, eff. 1/1/2010.
Amended by Stats 2006 ch 221 (AB 2864),s 1, eff. 1/1/2007.