ca code of civil procedures

[lbryson]

What is the name of your state? CA. Can some please help explain subdivision 3 of section 340 0f the california code of civil procedures.

 

[mykoleary]

What is the name of your state? CA. Can some please help explain subdivision 3 of section 340 0f the california code of civil procedures.

I'm too lazy to search for it, can you please provide a link to the online version?

 

[lbryson]

civil code

The problem is I can't find a subdivision 3 of section 340.
http://www.leginfo.ca.gov.

Thanks

Larry

 

[mykoleary]

Do you mean section 340.3 or subdivison c (the third letter) of 340? If you let us know a bit about why you are asking, we could probably tell you which one to look at, but as for strict wording, there is no literal subdivision 3 of section 340. The person who told you to look at that might have worded things wrongly, in which case, they probably meant 340.3 which is presented below.

340.3. (a) Unless a longer period is prescribed for a specific
action, in any action for damages against a defendant based upon the
defendant's commission of a felony offense for which the defendant
has been convicted, the time for commencement of the action shall be
within one year after judgment is pronounced.
(b) (1) Notwithstanding subdivision (a), an action for damages
against a defendant based upon the defendant's commission of a felony
offense for which the defendant has been convicted may be commenced
within 10 years of the date on which the defendant is discharged from
parole if the conviction was for any offense specified in paragraph
(1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7),
(9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c)
of Section 1192.7 of the Penal Code.
(2) No civil action may be commenced pursuant to paragraph (1) if
any of the following applies:
(A) The defendant has received either a certificate of
rehabilitation as provided in Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code or a pardon as
provided in Chapter 1 (commencing with Section 4800) or Chapter 3
(commencing with Section 4850) of Title 6 of Part 3 of the Penal
Code.
(B) Following a conviction for murder or attempted murder, the
defendant has been paroled based in whole or in part upon evidence
presented to the Board of Prison Terms that the defendant committed
the crime because he or she was the victim of battered women's
syndrome.
(C) The defendant was convicted of murder or attempted murder in
the second degree in a trial at which substantial evidence was
presented that the person committed the crime because he or she was a
victim of battered women's syndrome.
(c) If the sentence or judgment is stayed, the time for the
commencement of the action shall be tolled until the stay is lifted.
For purposes of this section, a judgment is not stayed if the
judgment is appealed or the defendant is placed on probation.
(d) (1) Subdivision (b) shall apply to any action commenced
before, on, or after the effective date of this section, including
any action otherwise barred by a limitation of time in effect prior
to the effective date of this section, thereby reviving those causes
of action that had lapsed or expired under the law in effect prior to
the effective date of this section.
(2) Paragraph (1) does not apply to either of the following:
(A) Any claim that has been litigated to finality on the merits in
any court of competent jurisdiction prior to January 1, 2003. For
purposes of this section, termination of a prior action on the basis
of the statute of limitations does not constitute a claim that has
been litigated to finality on the merits.
(B) Any written, compromised settlement agreement that has been
entered into between a plaintiff and a defendant if the plaintiff was
represented by an attorney who was admitted to practice law in this
state at the time of the settlement, and the plaintiff signed the
agreement.
(e) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section. Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to the
provisions of Section 13966.01 of the Government Code.

 

[lbryson]

civil code

I was involved in a car accident in 2003. I tryed to deal with the insurance company. they did not want to settle. I filed a complaint to the defendant and served a complaint and summons. the lawer's the insurance company hired wrote and served me with the answer to my complaint, "For a fourth, and separate distanct defence to said action, this answering defendant alleges: that each of the alleged causes of action in the complaint is barred by the provisions of subdivision 3 of section 340 of the California code of civil procedures:
Thank you for your response.

Larry

 

[stephenk]

is this a complaint for personal injury? If yes, what was the date of the accident and what was the date that you filed your Complaint with the court?

 

[stephenk]

2002 Legislation



Stats.2002, c. 448 (S.B.688), redesignated subds. (1) to (5) as (a) to (e); in subd. (a), substituted "if" for ''when" in two places; in subd. (c), deleted "assault, battery," preceding "false imprisonment" and "or for injury to or for the death of one caused by the wrongful act or neglect of another," preceding "or by a despositor" and substituted "that" for "such" preceding "person's neglect" and "animal or fowl" and substituted "the animal" for "an animal"; in subd. (d), substituted "that seizure" for "any such seizure"; and in subd. (e), deleted from the end of the first sentence "of the Code of Civil Procedure".



The provisions formerly contained in subd. (3) (now subd. (c)), prior to amendment by Stats.2002, c. 448 (S.B.688), § 3, are now covered by Civil Procedure Code § 335.1.



Here is CCP 335.1:


West's Ann.Cal.C.C.P. § 335.1

West's Annotated California Codes Currentness


Code of Civil Procedure (Refs & Annos)

Part 2. Of Civil Actions (Refs & Annos)

Title 2. Of the Time of Commencing Civil Actions

Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property (Refs & Annos)

§ 335.1. Two years; actions for assault, battery, or injury to, or for death of, individual caused by wrongful act or neglect


Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.


Essentially, the defendant is claiming you did not timely file your complaint. They used the old CCP Section 340 subdivision 3. It is a standard defense.

 

[lbryson]

civil code

the accident happened march 4, 2003. I filed the the law suit on January 30, 2004. Thank you very much for your help. I understand what they said. I can now respond with an answer. thank's again.

Larry

 

[stephenk]

Wait. You are the plaintiff. you dont need to respond to their Answer to your Complaint. just start your discovery.

 

[lbryson]

civil code

Thank you very much

Larry