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California Code Of Civil Procedure Section 340.6

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 340.6

(a) An action against an attorney for a wrongful act or
omission, other than for actual fraud, arising in the performance of
professional services shall be commenced within one year after the
plaintiff discovers, or through the use of reasonable diligence
should have discovered, the facts constituting the wrongful act or
omission, or four years from the date of the wrongful act or
omission, whichever occurs first.  In no event shall the time for
commencement of legal action exceed four years except that the period
shall be tolled during the time that any of the following exist:
   (1) The plaintiff has not sustained actual injury;
   (2) The attorney continues to represent the plaintiff regarding
the specific subject matter in which the alleged wrongful act or
omission occurred;
   (3) The attorney willfully conceals the facts constituting the
wrongful act or omission when such facts are known to the attorney,
except that this subdivision shall toll only the four-year
limitation; and
   (4) The plaintiff is under a legal or physical disability which
restricts the plaintiff's ability to commence legal action.
   (b) In an action based upon an instrument in writing, the
effective date of which depends upon some act or event of the future,
the period of limitations provided for by this section shall
commence to run upon the occurrence of such act or event.

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Last modified: July 31, 2008