SECTIONS 350-363 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 350-363

350. An action is commenced, within the meaning of this Title, when
the complaint is filed.

351. If, when the cause of action accrues against a person, he is
out of the State, the action may be commenced within the term herein
limited, after his return to the State, and if, after the cause of
action accrues, he departs from the State, the time of his absence is
not part of the time limited for the commencement of the action.

352. (a) If a person entitled to bring an action, mentioned in
Chapter 3 (commencing with Section 335) is, at the time the cause of
action accrued either under the age of majority or insane, the time
of the disability is not part of the time limited for the
commencement of the action.
(b) This section does not apply to an action against a public
entity or public employee upon a cause of action for which a claim is
required to be presented in accordance with Chapter 1 (commencing
with Section 900) or Chapter 2 (commencing with Section 910) of Part
3, or Chapter 3 (commencing with Section 950) of Part 4, of Division
3.6 of Title 1 of the Government Code. This subdivision shall not
apply to any claim presented to a public entity prior to January 1,
1971.

352.1. (a) If a person entitled to bring an action, mentioned in
Chapter 3 (commencing with Section 335), is, at the time the cause of
action accrued, imprisoned on a criminal charge, or in execution
under the sentence of a criminal court for a term less than for life,
the time of that disability is not a part of the time limited for
the commencement of the action, not to exceed two years.
(b) This section does not apply to an action against a public
entity or public employee upon a cause of action for which a claim is
required to be presented in accordance with Chapter 1 (commencing
with Section 900) or Chapter 2 (commencing with Section 910) of Part
3, or Chapter 3 (commencing with Section 950) of Part 4, of Division
3.6 of Title 1 of the Government Code. This subdivision shall not
apply to any claim presented to a public entity prior to January 1,
1971.
(c) This section does not apply to an action, other than an action
to recover damages or that portion of an action that is for the
recovery of damages, relating to the conditions of confinement,
including an action brought by that person pursuant to Section 1983
of Title 42 of the United States Code.

352.5. If, after a cause of action accrues against a person, that
person comes under an order for restitution as a condition of
probation with respect to the specific act or omission giving rise to
such person's liability, the time during which the order is in
effect is not a part of the time limited for the commencement of such
an action based upon that act or omission.

353.1. If a person entitled to bring an action or other proceeding,
which action or other proceeding has not been filed or otherwise
instituted, is represented by an attorney over whose practice a court
of this state has assumed jurisdiction pursuant to Section 6180 or
Section 6190 of the Business and Professions Code, and the
application for the court to assume jurisdiction is filed prior to
the expiration of the applicable statute of limitation or claim
statute, the person shall have six months from the date of entry of
the order assuming jurisdiction within which to file or otherwise
institute the matter, if the applicable statute of limitation
otherwise would have expired.

354. When a person is, by reason of the existence of a state of
war, under a disability to commence an action, the time of the
continuance of such disability is not part of the period limited for
the commencement of the action whether such cause of action shall
have accrued prior to or during the period of such disability.

354.3. (a) The following definitions govern the construction of
this section:
(1) "Entity" means any museum or gallery that displays, exhibits,
or sells any article of historical, interpretive, scientific, or
artistic significance.
(2) "Holocaust-era artwork" means any article of artistic
significance taken as a result of Nazi persecution during the period
of 1929 to 1945, inclusive.
(b) Notwithstanding any other provision of law, any owner, or heir
or beneficiary of an owner, of Holocaust-era artwork, may bring an
action to recover Holocaust-era artwork from any entity described in
paragraph (1) of subdivision (a). Subject to Section 410.10, that
action may be brought in a superior court of this state, which court
shall have jurisdiction over that action until its completion or
resolution. Section 361 does not apply to this section.
(c) Any action brought under this section shall not be dismissed
for failure to comply with the applicable statute of limitation, if
the action is commenced on or before December 31, 2010.

354.4. (a) The following definitions govern the construction of
this section:
(1) "Armenian Genocide victim" means any person of Armenian or
other ancestry living in the Ottoman Empire during the period of 1915
to 1923, inclusive, who died, was deported, or escaped to avoid
persecution during that period.
(2) "Insurer" means an insurance provider doing business in the
state, or whose contacts in the state satisfy the constitutional
requirements for jurisdiction, that sold life, property, liability,
health, annuities, dowry, educational, casualty, or any other
insurance covering persons or property to persons in Europe or Asia
at any time between 1875 and 1923.
(b) Notwithstanding any other provision of law, any Armenian
Genocide victim, or heir or beneficiary of an Armenian Genocide
victim, who resides in this state and has a claim arising out of an
insurance policy or policies purchased or in effect in Europe or Asia
between 1875 and 1923 from an insurer described in paragraph (2) of
subdivision (a), may bring a legal action or may continue a pending
legal action to recover on that claim in any court of competent
jurisdiction in this state, which court shall be deemed the proper
forum for that action until its completion or resolution.
(c) Any action, including any pending action brought by an
Armenian Genocide victim or the heir or beneficiary of an Armenian
Genocide victim, whether a resident or nonresident of this state,
seeking benefits under the insurance policies issued or in effect
between 1875 and 1923 shall not be dismissed for failure to comply
with the applicable statute of limitation, provided the action is
filed on or before December 31, 2010.
(d) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

354.45. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Armenian Genocide victim" means any person of Armenian or
other ancestry living in the Ottoman Empire during the period of 1890
to 1923, inclusive, who died, was injured in person or property, was
deported, or escaped to avoid persecution during that period.
(2) "Bank" means any banking or financial institution, including
any institution that issued bonds, that conducted business in Ottoman
Turkey at any time during the period of 1890 to 1923, inclusive.
(3) "Deposited assets" means any and all cash, securities, bonds,
gold, jewels or jewelry, or any other tangible or intangible items of
personal property, or any documents indicating ownership or
possessory interests in real, personal, or intangible property, that
were deposited with and held by a bank.
(4) "Looted assets" means any and all personal, commercial, real,
and intangible property, including cash, securities, gold, jewelry,
businesses, artwork, equipment, and intellectual property, that was
taken from the ownership or control of an individual, organization,
or entity, by theft, forced transfer, or exploitation, during the
period of 1890 to 1923, inclusive, by any person, organization, or
entity acting on behalf of, or in furtherance of the acts of, the
Turkish Government, that were received by and deposited with a bank.
(b) Notwithstanding any other law, any Armenian Genocide victim,
or heir or beneficiary of an Armenian Genocide victim, who resides in
this state and has a claim arising out of a failure of a bank to pay
or turn over deposited assets, or to turn over looted assets, may
bring an action or may continue a pending action, to recover on that
claim in any court of competent jurisdiction in this state, which
court shall be deemed the proper forum for that action until its
completion or resolution.
(c) Any action, including any pending action brought by an
Armenian Genocide victim, or the heir or beneficiary of an Armenian
Genocide victim, who resides in this state, seeking payment for, or
the return of, deposited assets, or the return of looted assets,
shall not be dismissed for failure to comply with the applicable
statute of limitation, if the action is filed on or before December
31, 2016.
(d) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

354.5. (a) The following definitions govern the construction of
this section:
(1) "Holocaust victim" means any person who was persecuted during
the period of 1929 to 1945, inclusive, by Nazi Germany, its allies,
or sympathizers.
(2) "Related company" means any parent, subsidiary, reinsurer,
successor in interest, managing general agent, or affiliate company
of the insurer.
(3) "Insurer" means an insurance provider doing business in the
state, or whose contacts in the state satisfy the constitutional
requirements for jurisdiction, that sold life, property, liability,
health, annuities, dowry, educational, casualty, or any other
insurance covering persons or property to persons in Europe at any
time before 1945, directly or through a related company, whether the
sale of the insurance occurred before or after the insurer and the
related company became related.
(b) Notwithstanding any other provision of law, any Holocaust
victim, or heir or beneficiary of a Holocaust victim, who resides in
this state and has a claim arising out of an insurance policy or
policies purchased or in effect in Europe before 1945 from an insurer
described in paragraph (3) of subdivision (a), may bring a legal
action to recover on that claim in any superior court of the state
for the county in which the plaintiff or one of the plaintiffs
resides, which court shall be vested with jurisdiction over that
action until its completion or resolution.
(c) Any action brought by a Holocaust victim or the heir or
beneficiary of a Holocaust victim, whether a resident or nonresident
of this state, seeking proceeds of the insurance policies issued or
in effect before 1945 shall not be dismissed for failure to comply
with the applicable statute of limitation, provided the action is
commenced on or before December 31, 2010.

354.6. (a) As used in this section:
(1) "Second World War slave labor victim" means any person taken
from a concentration camp or ghetto or diverted from transportation
to a concentration camp or from a ghetto to perform labor without pay
for any period of time between 1929 and 1945, by the Nazi regime,
its allies and sympathizers, or enterprises transacting business in
any of the areas occupied by or under control of the Nazi regime or
its allies and sympathizers.
(2) "Second World War forced labor victim" means any person who
was a member of the civilian population conquered by the Nazi regime,
its allies or sympathizers, or prisoner-of-war of the Nazi regime,
its allies or sympathizers, forced to perform labor without pay for
any period of time between 1929 and 1945, by the Nazi regime, its
allies and sympathizers, or enterprises transacting business in any
of the areas occupied by or under control of the Nazi regime or its
allies and sympathizers.
(3) "Compensation" means the present value of wages and benefits
that individuals should have been paid and damages for injuries
sustained in connection with the labor performed. Present value shall
be calculated on the basis of the market value of the services at
the time they were performed, plus interest from the time the
services were performed, compounded annually to date of full payment
without diminution for wartime or postwar currency devaluation.
(b) Any Second World War slave labor victim, or heir of a Second
World War slave labor victim, Second World War forced labor victim,
or heir of a Second World War forced labor victim, may bring an
action to recover compensation for labor performed as a Second World
War slave labor victim or Second World War forced labor victim from
any entity or successor in interest thereof, for whom that labor was
performed, either directly or through a subsidiary or affiliate. That
action may be brought in a superior court of this state, which court
shall have jurisdiction over that action until its completion or
resolution.
(c) Any action brought under this section shall not be dismissed
for failure to comply with the applicable statute of limitation, if
the action is commenced on or before December 31, 2010.

354.7. (a) The following definitions govern the construction of
this section:
(1) "Bracero" means any person who participated in the labor
importation program known as the Bracero program between January 1,
1942, and January 1, 1950, pursuant to agreements between the United
States and Mexico.
(2) "Savings fund" means funds withheld from the wages of braceros
as savings to be paid to braceros upon their return to Mexico.
(b) Notwithstanding any other provision of law, any bracero, or
heir or beneficiary of a bracero, who has a claim arising out of a
failure to pay or turn over savings fund amounts may bring a legal
action or may continue a pending legal action to recover on that
claim in any court of competent jurisdiction in this state, which
court shall be deemed a proper forum for that action until its
completion or resolution.
(c) Notwithstanding any other provision of law, any action brought
by a bracero, or heir or beneficiary of a bracero, arising out of a
failure to pay or turn over savings fund amounts shall not be
dismissed for failure to comply with the otherwise applicable statute
of limitations, provided the action is filed on or before December
31, 2005.
(d) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

355. If an action is commenced within the time prescribed therefor,
and a judgment therein for the plaintiff be reversed on appeal other
than on the merits, a new action may be commenced within one year
after the reversal.

356. When the commencement of an action is stayed by injunction or
statutory prohibition, the time of the continuance of the injunction
or prohibition is not part of the time limited for the commencement
of the action.

357. No person can avail himself of a disability, unless it existed
when his right of action accrued.

358. When two or more disabilities coexist at the time the right of
action accrues, the limitation does not attach until they are
removed.

359. This title does not affect actions against directors,
shareholders, or members of a corporation, to recover a penalty or
forfeiture imposed, or to enforce a liability created by law; but
such actions must be brought within three years after the discovery
by the aggrieved party of the facts upon which the penalty or
forfeiture attached, or the liability was created.

359.5. If the obligations under a surety bond are conditioned upon
performance of the principal, the expiration of the statute of
limitations with respect to the obligations of the principal, other
than the obligations of the principal under the bond, shall also bar
an action against the principal or surety under the bond, unless the
terms of the bond provide otherwise.

360. No acknowledgment or promise is sufficient evidence of a new
or continuing contract, by which to take the case out of the
operation of this title, unless the same is contained in some
writing, signed by the party to be charged thereby, provided that any
payment on account of principal or interest due on a promissory note
made by the party to be charged shall be deemed a sufficient
acknowledgment or promise of a continuing contract to stop, from time
to time as any such payment is made, the running of the time within
which an action may be commenced upon the principal sum or upon any
installment of principal or interest due on such note, and to start
the running of a new period of time, but no such payment of itself
shall revive a cause of action once barred.

360.5. No waiver shall bar a defense to any action that the action
was not commenced within the time limited by this title unless the
waiver is in writing and signed by the person obligated. No waiver
executed prior to the expiration of the time limited for the
commencement of the action by this title shall be effective for a
period exceeding four years from the date of expiration of the time
limited for commencement of the action by this title and no waiver
executed after the expiration of such time shall be effective for a
period exceeding four years from the date thereof, but any such
waiver may be renewed for a further period of not exceeding four
years from the expiration of the immediately preceding waiver. Such
waivers may be made successively. The provisions of this section
shall not be applicable to any acknowledgment, promise or any form of
waiver which is in writing and signed by the person obligated and
given to any county to secure repayment of indigent aid or the
repayment of moneys fraudulently or illegally obtained from the
county.

361. 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.

362. This Title does not extend to actions already commenced, nor
to cases where the time prescribed in any existing statute for
acquiring a right or barring a remedy has fully run, but the laws now
in force are applicable to such actions and cases, and are repealed
subject to the provisions of this section.

363. The word "action" as used in this Title is to be construed,
whenever it is necessary so to do, as including a special proceeding
of a civil nature.