What is the name of your state? left out.
The following excerpt is from [url]http://www.lacba.org/showpage.cfm?pageid=3628[/url]. It explains why gulfbreeze is wrong in his assumption concerning Californias and New Yorks, SoL's in a previous post.
[url]http://forum.freeadvice.com/showthread.php?t=378981[/url]
Quote:
But attorneys must be cognizant of California's "borrowing statute," which was designed as a vehicle for courts to apply the statute of limitations of the jurisdiction in which the cause of action arose. Specifically, the borrowing statute provides:
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 this state, and who has held the cause of action from the time it accrued.
In other words, the statute "borrows" the statute of limitations of another jurisdiction that is pertinent to the case, and if the borrowed statute of limitations would prevent a suit in that jurisdiction, the suit cannot be brought in California-even if California's statute of limitations would allow the suit.
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what that states is that California uses the other states (New York in this case) SoL for the germane SoL. What the purpose of the statute is is to prevent a plaintiff from suing in California should the original states SoL had run but Californias SoL is longer and has not run yet.
It is not intended to circumvent the original states SoL from being shortened due to the fact that californias SoL may be shorter.
The other quite humorous post by Gulfbreeze is the fact he keeps quoting he used Arizona borrowing statute in Florida or vice versa or whatever yet he fails to understand that it makes no difference when dealing with California and New York.
Good work Chien, DC, YAG, etc. Whoop the boy good.
10-19-2007, 05:39 PM
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