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California Code Of Civil Procedure Section 339

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 339

Within two years:  1. An action upon a contract, obligation or
liability not founded upon an instrument of writing, except as
provided in Section 2725 of the Commercial Code or subdivision 2 of
Section 337 of this code; or an action founded upon a contract,
obligation or liability, evidenced by a certificate, or abstract or
guaranty of title of real property, or by a policy of title
insurance; provided, that the cause of action upon a contract,
obligation or liability evidenced by a certificate, or abstract or
guaranty of title of real property or policy of title insurance shall
not be deemed to have accrued until the discovery of the loss or
damage suffered by the aggrieved party thereunder.
   2. An action against a sheriff or coroner upon a liability
incurred by the doing of an act in an official capacity and in virtue
of office, or by the omission of an official duty including the
nonpayment of money collected in the enforcement of a judgment.
   3. An action based upon the rescission of a contract not 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.

Last modified: January 12, 2009