Statue of Limitation Question in California

[ppang]

What is the name of your state? CA

When does the clock start ticking? In the fall of 2000, a new homes developer started to excavate the entire bottom 40% of a hill (which stood some thirty to forty feet high at its highest point) to build 11 homes. My home and backyard sits on the upper 60% of the hill with my backyard fence sitting on my property but approximately eight feet inside the property line. The fence obstructed my view of what the developer was doing immediately behind my fence during the excavation. I did on one occasion personally witness the developer’s mechanical shovel coming into contact with my fence. I also observed the developer’s work crew pouring concrete behind the fence as late as November 2002.

At the end on January 2003, my fence (which was only 38 months old) broke at the base of a fence post and fell down the hill. It was at this time that I could see the extensive destruction to my property. Nearly all of the hill (some 150 cubic yard of dirt and rock) behind the fence line was gone leaving an eight feet vertical drop from the point where the fence once stood to the first point of solid and stable footing inside my property line.

The questions, from a legal standpoint, are when does the “Statue of Limitation” start and how long does it last. Does the clock start ticking in the fall of 2000, November of 2002, or January of 2003? Again, I first became aware of the extensive damage in January of 2003 if that matters?

Thanks for your reponse.

[stephenk]

what does your attorney say?

did you ever make a claim against the developer for the damaged fence? did you ever notify the developer in writing that they dug onto your property?

[ppang]

My attorney cannot give me a definite answer regarding the statue of limitation with this case. He says that expert witness needed for this case would be very expensive and that the statue of limitation may void any claims I have.

I made numerous verbal claims to the developer immediately following the collapse of the fence. Just recently I made a written claim for both the fence and the destruction of my backyard. The developer, however, refuses to accept any responsibility for any of the damages.