Commencing California Civil Actions

California’s Code of Civil Procedure, in Part 2, Title 2, Chapter 1, contains provisions related to the time of commencing civil actions in this state. Section 312 provides that civil actions can only be commenced within the periods prescribed in this title, after the cause of action has accrued, unless a different limitation is prescribed.

Section 313 states that the general procedure for the presentation of claims as a prerequisite to commencement of actions for money or damages against the State of California, counties, cities, districts, local authorities, and other political subdivisions of the State, and against the officers, employees, and servants thereof, is prescribed by the Government Code.

Chapter 2 deals with the time of commencing actions for the recovery of real property. Section 315 provides that the people of this state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the people to the same, unless two specified circumstances are met.

Section 316 provides that no action can be brought for or in respect to real property by any person claiming under letters patent or grants from this state, unless it might have been commenced by the people as specified.

Section 318 states no action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commencement of the action.

Section 319 says that no cause of action, or defense to an action, arising out of the title to real property, can be effectual, unless it appears that the person prosecuting the action, or making the defense, or under whose title the action is prosecuted, or the defense is made.

Section 320 prohibits entry upon real estate if it is deemed sufficient or valid as a claim, unless an action is commenced within one year after making entry, and within five years from the time when the right to make it descended or accrued.

Section 321 states that, in every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been possessed of the property within the time required by law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title, unless it appear that the property has been held and possessed adversely to legal title, for five years before the commencement of the action.

Section 323 provides rules for the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, that land is deemed to have been possessed and occupied in the four specified cases.

Section 324 specifies where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment, or decree, the land actually occupied is deemed to have been held adversely.

Section 325 says that, for the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the two specified cases only. In no case is adverse possession to be considered established under the provision of any section of this code, unless it is shown that the land has been occupied and claimed for the period of five years continuously, and the party has timely paid all state, county, or municipal taxes that have been levied and assessed upon the land for the period of five years during which the land has been occupied and claimed.

Section 326 provides that, when the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of the tenancy, or, where there has been no written lease, until the expiration of five years from the time of the last payment of rent, landlord.

Section 327 says that the right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of that property.

Section 328 specifies that, if a person entitled to commence an action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents or services out of the property, is, at the time title first descends or accrues, either under the age of majority or lacking legal capacity to make decisions, the time, not exceeding 20 years, during which the disability continues is not deemed a portion of the time in this chapter limited for the commencement of the action. The action may be commenced, or entry or defense made, within the period of five years after the disability ceases.

Section 329 provides that the time within which an action for the foreclosure of a lien securing an assessment against real property for street improvements must be commenced within two years from and after the date on which the assessment, or any bond secured thereby, or the last installment of the assessment or bond, is due.

Section 329.5 specifies that the validity of an assessment or supplemental assessment against real property for public improvements, the proceedings for which are prescribed by the legislative body of any chartered city, cannot be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the assessment is levied, or a longer period as the legislative body may provide.