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facts constituting the
fraud or mistake.
(e) An action upon a bond of a public official except any cause of
action based on fraud or embezzlement is not deemed to have accrued
until the discovery, by the aggrieved party or his or her agent, of
the facts constituting the cause of action upon the bond.
(f) (1) An action against a notary public on his or her bond or in
his or her official capacity except that any cause of action based
on malfeasance or misfeasance is not deemed to have accrued until
discovery, by the aggrieved party or his or her agent, of the facts
constituting the cause of action.
(2) Notwithstanding paragraph (1), an action based on malfeasance
or misfeasance shall be commenced within one year from discovery, by
the aggrieved party or his or her agent, of the facts constituting
the cause of action or within three years from the performance of the
notarial act giving rise to the action, whichever is later.
(3) Notwithstanding paragraph (1), an action against a notary
public on his or her bond or in his or her official capacity shall be
commenced within six years.
(g) An action for slander of title to real property.
(h) An action commenced under Section 17536 of the Business and
Professions Code. The cause of action in that case shall not be
deemed to have accrued until the discovery by the aggrieved party,
the Attorney General, the district attorney, the county counsel, the
city prosecutor, or the city attorney of the facts constituting
grounds for commencing the action.
(i) An action commenced under the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code). The cause of action in that case shall not be deemed to have
accrued until the discovery by the State Water Resources Control
Board or a regional water quality control board of the facts
constituting grounds for commencing actions under their jurisdiction.
(j) An action to recover for physical damage to private property
under Section 19 of Article I of the California Constitution.
(k) An action commenced under Division 26 (commencing with Section
39000) of the Health and Safety Code. These causes of action shall
not be deemed to have accrued until the discovery by the State Air
Resources Board or by a district, as defined in Section 39025 of the
Health and Safety Code, of the facts constituting grounds for
commencing the action under its jurisdiction.
(l) An action commenced under Section 1603.1, 1615, or 5650.1 of
the Fish and Game Code. These causes of action shall not be deemed to
have accrued until discovery by the agency bringing the action of
the facts constituting the grounds for commencing the action.
(m) An action challenging the validity of the levy upon a parcel
of a special tax levied by a local agency on a per parcel basis.
(n) An action commencing under Section 51.7 of the Civil Code.
338.1. An action for civil penalties or punitive damages authorized
under Chapter 6.5 (commencing with Section 25100), Chapter 6.7
(commencing with Section 25280), Chapter 6.8 (commencing with Section
25300), or Chapter 6.95 (commencing with Section 25500) of Division
20 of the Health and Safety Code shall be commenced within five years
after the discovery by the agency bringing the action of the facts
constituting the grounds for commencing the action.
339. Within two years: 1. An action upon a contract, obligation or
liability not founded upon an instrument of writing, except as
provided in Section 2725 of the Commercial Code or subdivision 2 of
Section 337 of this code; or an action founded upon a contract,
obligation or liability, evidenced by a certificate, or abstract or
guaranty of title of real property, or by a policy of title
insurance; provided, that the cause of action upon a contract,
obligation or liability evidenced by a certificate, or abstract or
guaranty of title of real property or policy of title insurance shall
not be deemed to have accrued until the discovery of the loss or
damage suffered by the aggrieved party thereunder.
2. An action against a sheriff or coroner upon a liability
incurred by the doing of an act in an official capacity and in virtue
of office, or by the omission of an official duty including the
nonpayment of money collected in the enforcement of a judgment.
3. An action based upon the rescission of a contract not in
writing. The time begins to run from the date upon which the facts
that entitle the aggrieved party to rescind occurred. Where the
ground for rescission is fraud or mistake, the time does not begin to
run until the discovery by the aggrieved party of the facts
constituting the fraud or mistake.
339.5. Where a lease of real property is not in writing, no action
shall be brought under Section 1951.2 of the Civil Code more than two
years after the breach of the lease and abandonment of the property,
or more than two years after the termination of the right of the
lessee to possession of the property, whichever is the earlier time.
340. Within one year:
(a) An action upon a statute for a penalty or forfeiture, if the
action is given to an individual, or to an individual and the state,
except if the statute imposing it prescribes a different limitation.
(b) An action upon a statute for a forfeiture or penalty to the
people of this state.
(c) An action for libel, slander, false imprisonment, seduction of
a person below the age of legal consent, or by a depositor against a
bank for the payment of a forged or raised check, or a check that
bears a forged or unauthorized endorsement, or against any person who
boards or feeds an animal or fowl or who engages in the practice of
veterinary medicine as defined in Section 4826 of the Business and
Professions Code, for that person's neglect resulting in injury or
death to an animal or fowl in the course of boarding or feeding the
animal or fowl or in the course of the practice of veterinary
medicine on that animal or fowl.
(d) An action against an officer to recover damages for the
seizure of any property for a statutory forfeiture to the state, or
for the detention of, or injury to property so seized, or for damages
done to any person in making that seizure.
(e) An action by a good faith improver for relief under Chapter 10
(commencing with Section 871.1) of Title 10 of Part 2. The time
begins to run from the date upon which the good faith improver
discovers that the good faith improver is not the owner of the land
upon which the improvements have been made.
340.1. (a) In an action for recovery of damages suffered as a
result of childhood sexual abuse, the time for commencement of the
action shall be within eight years of the date the plaintiff attains
the age of majority or within three years of the date the plaintiff
discovers or reasonably should have discovered that psychological
injury or illness occurring after the age of majority was caused by
the sexual abuse, whichever period expires later, for any of the
following actions:
(1) An action against any person for committing an act of
childhood sexual abuse.
(2) An action for liability against any person or entity who owed
a duty of care to the plaintiff, where a wrongful or negligent act by
that person or entity was a legal cause of the childhood sexual
abuse which resulted in the injury to the plaintiff.
(3) An action for liability against any person or entity where an
intentional act by that person or entity was a legal cause of the
childhood sexual abuse which resulted in the injury to the plaintiff.
(b) (1) No action described in paragraph (2) or (3) of subdivision
(a) may be commenced on or after the plaintiff's 26th birthday.
(2) This subdivision does not apply if the person or entity knew
or had reason to know, or was otherwise on notice, of any unlawful
sexual conduct by an employee, volunteer, representative, or agent,
and failed to take reasonable steps, and to implement reasonable
safeguards, to avoid acts of unlawful sexual conduct in the future by
that person, including, but not limited to, preventing or avoiding
placement of that person in a function or environment in which
contact with children is an inherent part of that function or
environment. For purposes of this subdivision, providing or requiring
counseling is not sufficient, in and of itself, to constitute a
reasonable step or reasonable safeguard.
(c) Notwithstanding any other provision of law, any claim for
damages described in paragraph (2) or (3) of subdivision (a) that is
permitted to be filed pursuant to paragraph (2) of subdivision (b)
that would otherwise be barred as of January 1, 2003, solely because
the applicable statute of limitations has or had expired, is revived,
and, in that case, a cause of action may be commenced within one
year of January 1, 2003. Nothing in this subdivision shall be
construed to alter the applicable statute of limitations period of an
action that is not time barred as of January 1, 2003.
(d) Subdivision (c) does not apply to either of the following:
(1) Any claim that has been litigated to finality on the merits in
any court of competent jurisdiction prior to January 1, 2003.
Termination of a prior action on the basis of the statute of
limitations does not constitute a claim that has been litigated to
finality on the merits.
(2) Any written, compromised settlement agreement which has been
entered into between a plaintiff and a defendant where the plaintiff
was represented by an attorney who was admitted to practice law in
this state at the time of the settlement, and the plaintiff signed
the agreement.
(e) "Childhood sexual abuse" as used in this section includes any
act committed against the plaintiff that occurred when the plaintiff
was under the age of 18 years and that would have been proscribed by
Section 266j of the Penal Code; Section 285 of the Penal Code;
paragraph (1) or (2) of subdivision (b), or of subdivision (c), of
Section 286 of the Penal Code; subdivision (a) or (b) of Section 288
of the Penal Code; paragraph (1) or (2) of subdivision (b), or of
subdivision (c), of Section 288a of the Penal Code; subdivision (h),
(i), or (j) of Section 289 of the Penal Code; Section 647.6 of the
Penal Code; or any prior laws of this state of similar effect at the
time the act was committed. Nothing in this subdivision limits the
availability of causes of action permitted under subdivision (a),
including causes of action against persons or entities other than the
alleged perpetrator of the abuse.
(f) Nothing in this section shall be construed to alter the
otherwise applicable burden of proof, as defined in Section 115 of
the Evidence Code, that a plaintiff has in a civil action subject to
this section.
(g) Every plaintiff 26 years of age or older at the time the
action is filed shall file certificates of merit as specified in
subdivision (h).
(h) Certificates of merit shall be executed by the attorney for
the plaintiff and by a licensed mental health practitioner selected
by the plaintiff declaring, respectively, as follows, setting forth
the facts which support the declaration:
(1) That the attorney has reviewed the facts of the case, that the
attorney has consulted with at least one mental health practitioner
who is licensed to practice and practices in this state and who the
attorney reasonably believes is knowledgeable of the relevant facts
and issues involved in the particular action, and that the attorney
has concluded on the basis of that review and consultation that there
is reasonable and meritorious cause for the filing of the action.
The person consulted may not be a party to the litigation.
(2) That the mental health practitioner consulted is licensed to
practice and practices in this state and is not a party to the
action, that the practitioner is not treating and has not treated the
plaintiff, and that the practitioner has interviewed the plaintiff
and is knowledgeable of the relevant facts and issues involved in the
particular action, and has concluded, on the basis of his or her
knowledge of the facts and issues, that in his or her professional
opinion there is a reasonable basis to believe that the plaintiff had
been subject to childhood sexual abuse.
(3) That the attorney was unable to obtain the consultation
required by paragraph (1) because a statute of limitations would
impair the action and that the certificates required by paragraphs
(1) and (2) could not be obtained before the impairment of the
action. If a certificate is executed pursuant to this paragraph, the
certificates required by paragraphs (1) and (2) shall be filed within
60 days after filing the complaint.
(i) Where certificates are required pursuant to subdivision (g),
the attorney for the plaintiff shall execute a separate certificate
of merit for each defendant named in the complaint.
(j) In any action subject to subdivision (g), no defendant may be
served, and the duty to serve a defendant with process does not
attach, until the court has reviewed the certificates of merit filed
pursuant to subdivision (h) with respect to that defendant, and has
found, in camera, based solely on those certificates of merit, that
there is reasonable and meritorious cause for the filing of the
action against that defendant. At that time, the duty to serve that
defendant with process shall attach.
(k) A violation of this section may constitute unprofessional
conduct and may be the grounds for discipline against the attorney.
(l) The failure to file certificates in accordance with this
section shall be grounds for a demurrer pursuant to Section 430.10 or
a motion to strike pursuant to Section 435.
(m) In any action subject to subdivision (g), no defendant may be
named except by "Doe" designation in any pleadings or papers filed in
the action until there has been a showing of corroborative fact as
to the charging allegations against that defendant.
(n) At any time after the action is filed, the plaintiff may apply
to the court for permission to amend the complaint to substitute the
name of the defendant or defendants for the fictitious designation,
as follows:
(1) The application shall be accompanied by a certificate of
corroborative fact executed by the attorney for the plaintiff. The
certificate shall declare that the attorney has discovered one or
more facts corroborative of one or more of the charging allegations
against a defendant or defendants, and shall set forth in clear and
concise terms the nature and substance of the corroborative fact. If
the corroborative fact is evidenced by the statement of a witness or
the contents of a document, the certificate shall declare that the
attorney has personal knowledge of the statement of the witness or of
the contents of the document, and the identity and location of the
witness or document shall be included in the certificate. For
purposes of this section, a fact is corroborative of an allegation if
it confirms or supports the allegation. The opinion of any mental
health practitioner concerning the plaintiff shall not constitute a
corroborative fact for purposes of this section.
(2) Where the application to name a defendant is made prior to
that defendant's appearance in the action, neither the application
nor the certificate of corroborative fact by the attorney shall be
served on the defendant or defendants, nor on any other party or
their counsel of record.
(3) Where the application to name a defendant is made after that
defendant's appearance in the action, the application shall be served
on all parties and proof of service provided to the court, but the
certificate of corroborative fact by the attorney shall not be served
on any party or their counsel of record.
(o) The court shall review the application an
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