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California Code of Civil Procedure Section 366.2

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 366.2

366.2.  (a) If a person against whom an action may be brought on a
liability of the person, whether arising in contract, tort, or
otherwise, and whether accrued or not accrued, dies before the
expiration of the applicable limitations period, and the cause of
action survives, an action may be commenced within one year after the
date of death, and the limitations period that would have been
applicable does not apply.
   (b) The limitations period provided in this section for
commencement of an action shall not be tolled or extended for any
reason except as provided in any of the following, where applicable:
   (1) Sections 12, 12a, and 12b of this code.
   (2) Part 4 (commencing with Section 9000) of Division 7 of the
Probate Code (creditor claims in administration of estates of
decedents).
   (3) Part 8 (commencing with Section 19000) of Division 9 of the
Probate Code (payment of claims, debts, and expenses from revocable
trust of deceased settlor).
   (4) Former Part 3 (commencing with Section 21300) of Division 11
of the Probate Code (no contest clauses), as that part read prior to
its repeal by Chapter 174 of the Statutes of 2008.
   (c) This section applies to actions brought on liabilities of
persons dying on or after January 1, 1993.

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Last modified: March 17, 2014