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California Code Of Civil Procedure Section 340.2

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 340.2

(a) In any civil action for injury or illness based upon
exposure to asbestos, the time for the commencement of the action
shall be the later of the following:
   (1) Within one year after the date the plaintiff first suffered
disability.
   (2) Within one year after the date the plaintiff either knew, or
through the exercise of reasonable diligence should have known, that
such disability was caused or contributed to by such exposure.
   (b) "Disability" as used in subdivision (a) means the loss of time
from work as a result of such exposure which precludes the
performance of the employee's regular occupation.
   (c) In an action for the wrongful death of any plaintiff's
decedent, based upon exposure to asbestos, the time for commencement
of an action shall be the later of the following:
   (1) Within one year from the date of the death of the plaintiff's
decedent.
   (2) Within one year from the date the plaintiff first knew, or
through the exercise of reasonable diligence should have known, that
the death was caused or contributed to by such exposure.

Last modified: January 12, 2009