California Code of Civil Procedure Section 348.5
Legal Research Home >
California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 348.5
348.5. An action upon any bonds or coupons issued by the State of
California shall have no limitation.
3493/4. Within one hundred eighty days:
(a) An action to enjoin, abate, or for damages on account of, an
underground trespass, use or occupancy, by means of a well drilled
for oil or gas or both from a surface location on land other than
real property in which the aggrieved party has some right, title or
interest or in respect to which the aggrieved party has some right,
title or interest.
(b) An action for conversion or for the taking or removing of oil,
gas or other liquid, or fluids by means of any such well.
When any of said acts is by means of a new well the actual
drilling of which is commenced after this section becomes effective,
and such act was knowingly committed with actual intent to commit
such act, the cause of action in such case shall not be deemed to
have accrued until the discovery, by the aggrieved party, of the act
or acts complained of; but in all other cases, and as to wells
heretofore or hereafter drilled, the cause of action shall be deemed
to have accrued ten days after the time when the well which is the
subject of the cause of action was first placed on production.
Notwithstanding the continuing character of any such act, there
shall be but one cause of action for any such act, and the cause of
action shall accrue as aforesaid.
In all cases where oil or gas has been heretofore or is hereafter
extracted from any existing or subsequently drilled well in this
State, by a person without right but asserting a claim of right in
good faith or acting under an honest mistake of law or fact, the
measure of damages, if there be any right of recovery under existing
law, shall be the value of the oil or gas at the time of extraction,
without interest, after deducting all costs of development, operation
and production, which costs shall include taxes and interest on all
expenditures from the date thereof.
This section shall apply to causes of action existing when this
section becomes effective. The time for commencement of existing
causes of action which would be barred by this section within the
first one hundred eighty days after this section becomes effective,
shall be the said first one hundred eighty days.
Whenever the term "oil" is used in this section it shall be taken
to include "petroleum," and the term "gas" shall mean natural gas
coming from the earth.
The limitations prescribed by this section shall not apply to
rights of action or actions to be brought in the name of or for the
benefit of the people of this State, or of any county, city and
county, city or other political subdivision of this State.
Last modified: March 17, 2014