General Provisions for Commencing Civil Actions

California’s Code of Civil Procedure provides a number of general provisions relating to commencing civil actions in Part 2, Title 2, Chapter 4. Section 350 provides that an action is commenced, within the meaning of this title, when the complaint is filed.

Section 351 states, when the cause of action accrues against a person, and they are out of the State, the action may be commenced within the term after their return to the State, and if, after the cause of action accrues, they depart from the State, the time of their absence is not part of the time limited for the commencement of the action.

Section 352 says, if a person entitled to bring an action is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action. However, 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.

Section 352.1 specifies, if a person entitled to bring an action 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. However, this 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.

Section 352.5 provides 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 the 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.

Section 353.1 provides that, 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, the person has 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.

Section 354 specifies that, 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 the disability is not part of the period limited for the commencement of the action.

Section 354.3 provides definitions for the terms “entity” and “Holocaust-era artwork.” In addition, any owner, or heir or beneficiary of an owner, of Holocaust-era artwork, may bring an action to recover Holocaust-era artwork from any specified entity and that action may be brought in a superior court of this state. Any action brought under this section, regardless of the statute of limitations, must be commenced on or before December 31, 2010.

Section 354.4 provides definitions for the terms “Armenian Genocide victim” and “insurer.” In addition, 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 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.

Section 354.45 provides definitions for the terms “Armenian Genocide victim,” “bank,” “deposited assets,” and “looted assets.” In addition, 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 is to be deemed the proper forum for that action until its completion or resolution.

Section 354.5 provides definitions for the terms “Holocaust victim,” “related company,” and “insurer.” In addition, 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 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 has jurisdiction over that action until its completion or resolution.

Section 354.6 provides definitions for the following phrases: “Second World War slave labor victim,” “Second World War forced labor victim,” and “compensation.” In addition, 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.

Section 354.7 provides definitions for the terms “Bracero” and “savings fund.” 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 is deemed a proper forum for that action until its completion or resolution.

Section 354.8 specifies that six specified actions must be commenced within 10 years.

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

Section 356 states that, 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.

Section 357 prohibits any person from availing himself of a disability, unless it existed when his right of action accrued.

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

Section 359 states that 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. These 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.

Section 359.5 provides that, 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, must also bar an action against the principal or surety under the bond, unless the terms of the bond provide otherwise.

Section 360 states that 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.

Section 360.5 provides that no waiver bars 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 is effective for a period exceeding four years from the date of expiration of the time limited for commencement of the action by this title.

Section 361 states that, when a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action cannot be maintained against a person by reason of the lapse of time, an action cannot 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.

Section 362 provides that 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 these actions and cases, and are repealed subject to the provisions of this section.

Section 363 states that the word “action” is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.