Quote:
Originally posted by BigStewMan
california: auto accident personal injury claim statute of limitations, how is the one year calculated? Is it 365 days or date to date? Example: injury occurs 15 dec 99 suit is filed 15 dec 00. does this meet criteria? although it appears to be one year it's actually 367 days (leap year) from date of injury. |
My response:
Computing time: The statute continues to run from the point of accrual until the complaint is filed. But so long as the complaint is filed within the applicable period, it is immaterial that the summons and complaint are not served until after the limitations period has run. [Ca Civ Pro § 350; Marriage of Flack (1988) 200 Cal.App.3d 18, 21, 245 Cal.Rptr. 745, 746-747]
The exact time is computed as under any other procedural statute: The first day is excluded and the last day is included; and if the last day is a Saturday, Sunday or holiday, plaintiff has until the next business day to file. [Ca Civ Pro §§ 12, 12a; see, e.g., Tran v. Fountain Valley Comm. Hosp. (1997) 51 Cal.App.4th 1464, 1466, 60 Cal.Rptr.2d 91, 92; Bellamy v. Super.Ct. (Central Valley Gen. Hosp.) (1996) 50 Cal.App.4th 797, 800, 57 Cal.Rptr.2d 894, 895, fn. 2]
Under the applicable statute, a Leap Year is not mentioned and is of no legal significance or moment. Therefore, the Statutory Limitation period begins to accrue from the day following the incident, to the same date of the following year; e.g., if accident date is 1/1/2000, then the statute runs from 1/2/2000 to and including 1/1/2001.
Thanks for writing.
IAAL
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