California

STATUTE OF LIMITATIONS

Personal Property: 3 Years (Contractors/Architects 3 years from substantial completion)

Personal Injury: 2 Years

Breach of Contract (Written): 3 Years

Breach of Contract (Oral): 2 Years

Statute of Repose (Real Property): 4 Years

Statute of Repose (Products): 2 Years

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Personal Property or Personal Injury: Claim must be filed with proper agency within 6 months after claim accrues
Real Property or Contract: Claim must be filed with the appropriate agency within 1 year after the claim accrues

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: NO (Reimbursement rights may exist in policy language)

CONTRIBUTORY NEGLIGENCE

Pure Comparative
Plaintiff’s damages will be reduced by their own liability no matter how large, so long as it’s less than 100% (i.e. 99% at fault can still recover 1%)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability:
-Property: $25,000.00
-Injury/not auto: $30,000/$60,000
-Auto injury/property: $15,000/$30,000/$5,000

Liable when child under 18 causes intentional, willful or malicious destruction to real or personal property or injury

Parent liable for negligent operation of a motor vehicle by minor child

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

Must be filed within 60 days of filing complaint for claims against architects, engineers, and surveyors

JOINT AND SEVERAL LIABILITY

Join and several liability for economic damages
Several Liability for non-economic damages

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: YES

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

Pro-Rata reimbursement

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.