California
STATUTE OF LIMITATIONS
Personal Property: 3 Years
Personal Injury: 2 Years
Breach of Contract (Written): 4 Years
Breach of Contract (Oral): 2 Years
Statute of Repose (Real Property): 4 Years
Statute of Repose (Products): None
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