J & N REALTY, INC.

Potentially Applicable Statutes of Limitation  

__  Personal injury or death of an individual (based, e.g., on negligence, strict liability, or intentional tort theory): 2 years. CCP §335.1. 

__  Breach of oral contract: 2 years from date of discovery of loss or damage. CCP §339(1). 

__  Injury to real or personal property (based, e.g., on negligence, strict liability, or intentional tort theory): 3 years. CCP §338(b)-(c). 

__  Trespass on or injury to real property (including negligence causes of action): 3 years, commencing when the plaintiff suspects or should suspect that the injury was caused by wrongdoing. CCP §338(b). 

__  Fraud or mistake: 3 years from date of discovery of facts constituting the fraud or mistake. CCP §338(d). 

__  Breach of fiduciary duty: 3 years. CCP §359; see Smith v Superior Court (1990) 217 CA3d 950, 266 CR 253, discussed in §§4.16 and Note below. 

__  Breach of written contract (including breach of warranty): 4 years. CCP §337. 

__  Action based on patent construction defects: 4 years from date of substantial completion (see §10.46). CCP §337.1 (for construction defect claims involving homes sold on or after January 1, 2003; see Note below). 

__  Action based on latent construction defects: 10 years from date of substantial completion (see §10.47). CCP §337.15 (for construction defect claims involving homes sold on or after January 1, 2003; see Note below). 

__  Action based on construction defects in homes first sold after December 31, 2002: An outside date of 10 years from date of substantial completion (CC §941), subject to the shorter time limits specified in CC §896. See §10.94. 

__  Action for violation of a “restriction,” as defined in CC §784 (a term that includes common interest declarations): 5 years. This limitation period does not serve as a bar to commencement of any action for violations of a restriction before January 1, 2001 (see CCP §336(b)).