Timothy L. Pierce, Hector H. Espinosa and Samira F. Torshizi | K&L Gates In a recently published case dealing with issues of first impression, the California Court of Appeal Second Appellate District in Los Angeles held that the disgorgement penalty under Business and Profession Code § 7031(b) must be made within one year of completion or… Continue reading Court of Appeals Confirms One-Year Statute of Limitations for Disgorgement Claims that is not Subject to the Discovery Rule
Tag: Statute of Limitations
A Challenge Regarding the Interpretation of a Project Condition of Approval may be Filed More than 90 Days Following the Project Approval
David Blackwell | Allen Matkins On June 25, 2020, the Fifth Appellate District decided Honchariw v. County of Stanislaus, holding that an applicant’s challenge to a local agency’s interpretation of a project condition of approval was not barred by the Subdivision Map Act’s statute of limitations because it was not a challenge to the validity of a condition of approval.… Continue reading A Challenge Regarding the Interpretation of a Project Condition of Approval may be Filed More than 90 Days Following the Project Approval
Judicial Council Ends Tolling Of Statute Of Limitations To Bring Civil Suits, Effective Aug. 3
Jennifer Hernandez, Daniel Golub and paloma Perez-McEvoy | Holland & Knight The California State Judicial Council amended California Rule of Court, Emergency Rule No. 9, on May 29, 2020, lifting its previously adopted indefinite tolling of the limitation period to bring civil lawsuits. The amended rule now provides that limitation periods of 180 days or less… Continue reading Judicial Council Ends Tolling Of Statute Of Limitations To Bring Civil Suits, Effective Aug. 3
The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem
Kenneth E. Rubinstein and Nathan Fennessy | Construction Executive Having an end date for risk is important to construction professionals who need to know when they can close their books and destroy files relating to old projects. While professionals typically look to the statute of limitations and repose, these deadlines can sometimes be harder to… Continue reading The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem
Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
David McLain | Colorado Construction Litigation On January 27th, Senator Robert Rodriguez introduced SB 20-138 into the Colorado Legislature. The bill has been assigned to the Senate Judiciary Committee and has not yet been scheduled for its first hearing in that committee. In short, Senate Bill 20-138, if enacted, would: 1) Extend Colorado’s statute of repose for construction defects from 6+2 years… Continue reading Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims