The law on time periods for starting lawsuits is found in California Code of Civil Procedure sections Check these code sections to confirm how much time you have to file your lawsuit.
Check the Code of Civil Procedure sections if the problem is different from those listed here because the time period to sue may be anywhere from months to many years. Talk to a lawyer to make sure you understand the statute of limitations that applies to your specific case. Type of Problem or Case. Injury to a person. The defendant hurts you with or without intending to hurt you.
For example, personal injury accidents, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, wrongful act, or negligent act, etc. California Code of Civil Procedure section Damage to property. The defendant damages or destroys your property either with or without intending to damage it. For example, taking your personal property conversion , crashing your vehicle, going onto your property without permission trespass , fraud, nuisance, etc. Also for breach of sale of goods, see California Commercial Code section Libel or slander.
The defendant defames you in print, writing, or pictures libel or verbally slander. California Code of Civil Procedure section c. Oral contracts. Contracts that you and the defendant did not write down.
Most oral contracts will have some sort of writing, e. This writing may be proof that you had an oral contract. Contracts in writing.
Known apparent problems called "patent defects" in real property improvement design, survey, construction, etc. These usually are lawsuits against architects, contractors, or builders. Unknown not apparent problems called "latent" defects in real property improvement design, survey, construction which cause damage to real estate or personal property.
California Code of Civil Procedure, Section These usually are lawsuits against architects, contractors or builders. Personal property left at a hotel, hospital, rest home, sanitarium, boarding house, lodging house, or apartment, etc. California Code of Civil Procedure Section a. Against a health-care provider medical malpractice. Note: If you are going to sue a health-care provider you MUST give them 90 days' notice before filing. Against a bank. If a bank paid on a check that was signed without authorization or where the signature was forged.
Against government agencies or offices. These cases require that you file a special claim called an "administrative claim" with the government office or agency before you file in court. If your claim is not responded to, talk to a lawyer to find out how much time you have to file your lawsuit. Skip to main content Skip to topics menu Skip to topics menu.
Cancel Print. Advanced Search. Statute of Limitations. But the lawsuit relates to older ones. It's all laid out above in George Kokkinidis's graphic, used with permission from designlanguage.
There's also my not-even-close-to-a-design-award-winning graphic known internally as "explosion in a spear factory". Update: we've put in the cleaner version by George Kokkini of designlanguage, with permission. You can find the old cluttered version at the link in this paragraph. The Economist wrote about the smartphone patent wars in October, when it noted that.
The current smart-phone patent war does not quite have the same romance, but it could be as important". The Wright brothers' legal skirmishes were put to rest only by the outbreak of the first world war. With luck, the smart-phone patent battles will end more quietly. Note: we'll aim to make this the permanent page for this graphic, and the lawsuits relating to it. If you know of new lawsuits, or if any of these have been settled, please tell us in the comments.
The smartphone patent wars, pt Spansion sues Samsung, Microsoft and Motorola sue each other. Bookmark this page: this is where our cut-out-and-keep diagram will live.
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