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California Code Of Civil Procedure Section 340.8

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 340.8

(a) In any civil action for injury or illness based upon
exposure to a hazardous material or toxic substance, the time for
commencement of the action shall be no later than either two years
from the date of injury, or two years after the plaintiff becomes
aware of, or reasonably should have become aware of, (1) an injury,
(2) the physical cause of the injury, and (3) sufficient facts to put
a reasonable person on inquiry notice that the injury was caused or
contributed to by the wrongful act of another, whichever occurs
later.
   (b) In an action for the wrongful death of any plaintiff's
decedent, based upon exposure to a hazardous material or toxic
substance, the time for commencement of an action shall be no later
than either (1) two years from the date of the death of the plaintiff'
s decedent, or (2) two years from the first date on which the
plaintiff is aware of, or reasonably should have become aware of, the
physical cause of the death and sufficient facts to put a reasonable
person on inquiry notice that the death was caused or contributed to
by the wrongful act of another, whichever occurs later.
   (c) For purposes of this section:
   (1) A "civil action for injury or illness based upon exposure to a
hazardous material or toxic substance" does not include an action
subject to Section 340.2 or 340.5.
   (2) Media reports regarding the hazardous material or toxic
substance contamination do not, in and of themselves, constitute
sufficient facts to put a reasonable person on inquiry notice that
the injury or death was caused or contributed to by the wrongful act
of another.
   (d) Nothing in this section shall be construed to limit, abrogate,
or change the law in effect on the effective date of this section
with respect to actions not based upon exposure to a hazardous
material or toxic substance.

Last modified: January 12, 2009