Legal Question in Personal Injury in California

Re: Statute of Limitation for Property Damage Claim

Thank you for your posting.

The statute of limitations for property damage is three years, and as noted by Mr. Cohen, the ex parte rules are set by the California Rules of Court AND the local rules of whatever court you are in. You should check both.

I hope that this information helps, but if you have any other questions you need answered, or want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

Re: Statute of Limitation for Property Damage Claim

4 years and exparte requires you to be notified by noon the day before.

Re: Statute of Limitation for Property Damage Claim

Generally, 3 years, but I need more facts. As to ex parte notice, it depends on the local Court rules. Feel free to contact me with more information. Thanks for your question.

Re: Statute of Limitation for Property Damage Claim

The limitation period for property damages is generally three years. Rule 379 of the California Rules of Court states in pertinent part as follows:

(b) [Notice] A party seeking an ex parte order shall notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances. A declaration of notice, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected, or a declaration stating reasons why notice should not be required, shall accompany every request for an ex parte order.

A request for an ex parte order shall state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, and telephone number of such party if known to the applicant.

When an application for an ex parte order has been made to the court and has been refused in whole or in part, any subsequent application of the same character or for the same relief, although made upon an alleged different state of facts, shall include a full disclosure of any prior applications and the court's actions.

I hope this helps. -Robert F. Cohen, Esq., (310) 858-9771