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California Code Of Civil Procedure Section 340.35

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 340.35

(a) This section shall apply if both of the following
conditions are met:
   (1) A complaint, information, or indictment was filed in a
criminal case initiated pursuant to subdivision (f), (g), or (h) of
Section 803 of the Penal Code.
   (2) The case was dismissed or overturned pursuant to the United
States Supreme Court's decision in Stogner v. California (2003) 156
L.Ed.2d 544.
   (b) Unless a longer period is prescribed for a specific action,
any action for damages against an individual for committing an act of
childhood sexual abuse shall be commenced before January 1, 2006.
   (c) This section shall apply to any action commenced before, on,
or after the effective date of this section, including any action
otherwise barred by a limitation of time in effect prior to the
effective date of this section, thereby reviving those causes of
action that had lapsed or expired under the law in effect prior to
the effective date of this section.
   (d) This section shall not apply to any of the following:
   (1) Any claim against a person or entity other than the individual
against whom a complaint, information, or indictment was filed as
described in paragraph (1) of subdivision (a).
   (2) Any claim that has been litigated to finality on the merits in
any court of competent jurisdiction prior to the effective date of
this section.  For purposes of this section, termination of a prior
action on the basis of the statute of limitations does not constitute
a claim that has been "litigated to finality on the merits."
   (3) Any written, compromised settlement agreement that has been
entered into between a plaintiff and a defendant, if the plaintiff
was represented by an attorney who was admitted to practice law in
this state  at the time of the settlement, and the plaintiff signed
the agreement.
   (e) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section.  Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to Section
13966.01 of the Government Code.

Last modified: July 31, 2008