California Code of Civil Procedure Section 337
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California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 337
337. Within four years: 1. An action upon any contract, obligation
or liability founded upon an instrument in writing, except as
provided in Section 336a of this code; provided, that the time within
which any action for a money judgment for the balance due upon an
obligation for the payment of which a deed of trust or mortgage with
power of sale upon real property or any interest therein was given as
security, following the exercise of the power of sale in such deed
of trust or mortgage, may be brought shall not extend beyond three
months after the time of sale under such deed of trust or mortgage.
2. An action to recover (1) upon a book account whether consisting
of one or more entries; (2) upon an account stated based upon an
account in writing, but the acknowledgment of the account stated need
not be in writing; (3) a balance due upon a mutual, open and current
account, the items of which are in writing; provided, however, that
where an account stated is based upon an account of one item, the
time shall begin to run from the date of said item, and where an
account stated is based upon an account of more than one item, the
time shall begin to run from the date of the last item.
3. An action based upon the rescission of a contract in writing.
The time begins to run from the date upon which the facts that
entitle the aggrieved party to rescind occurred. Where the ground for
rescission is fraud or mistake, the time does not begin to run until
the discovery by the aggrieved party of the facts constituting the
fraud or mistake. Where the ground for rescission is
misrepresentation under Section 359 of the Insurance Code, the time
does not begin to run until the representation becomes false.
Last modified: March 17, 2014