Legal Question in Civil Litigation in California

The statutes of limitations are strict and no one can lawfully agree to extend them. The law provides the deadline and if you don't sue before the statute of limitations expires, your case will very likely be dismissed. You may want to contact an attorney to represent you in your settlement negotiations.

I respectfully disagree with my colleague. The statue of limitation is an affirmative defense which the defendant can agree to waive or toll. I've had cases where we have done it in order to facilitate settlement and avoid needless expense of litigation. Make sure that the party(ies) sign off on any agreement and it is irrelevant what you title it. So long as the agreement is clear and it is signed by ALL parties against whom it may apply. I would also ask for the insurance adjuster to sign off on it as well if there is one.

I agree with Mr. Tashjian and disagree with Ms. Karila. Agreements like the one you describe are quite common, and they are valid if they are written correctly.

As Mr. Tashjian notes, the title of the agreement is unimportant. The substance is what matters. You should get a lawyer to negotiate the agreement with your adversaries, since you probably don't know how to draft such an agreement or how to recognize problems in language someone else drafts.

Also, don't waste any time. If the limitations period expires before you reach an agreement, you will be out of luck.