§ 340.3 (a) Unless a longer period is prescribed for a specific action, in any action for damages against a defendant based upon the defendant’s commission of…
Part 2: Of Civil Actions | Title 2: Of the Time of Commencing Civil Actions | Chapter 3: The Time of Commencing Actions Other Than for the Recovery of Real Property
Rule Text
(a) Unless a longer period is prescribed for a specific action, in any action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted, the time for commencement of the action shall be within one year after judgment is pronounced.
(b) (1) Notwithstanding subdivision (a), an action for damages against a defendant based upon the defendant’s commission of a felony offense for which the defendant has been convicted may be commenced within 10 years of the date on which the defendant is discharged from parole if the conviction was for any offense specified in paragraph (1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7), (9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c) of Section 1192.7 of the Penal Code.
(2) No civil action may be commenced pursuant to paragraph (1) if any of the following applies:
(c) If the sentence or judgment is stayed, the time for the commencement of the action shall be tolled until the stay is lifted. For purposes of this section, a judgment is not stayed if the judgment is appealed or the defendant is placed on probation.
(d) (1) Subdivision (b) shall apply to any action commenced before, on, or after the effective date of this section, including any action otherwise barred by a limitation of time in effect prior to the effective date of this section, thereby reviving those causes of action that had lapsed or expired under the law in effect prior to the effective date of this section.
(2) Paragraph (1) does not apply to either of the following:
(e) Any restitution paid by the defendant to the victim shall be credited against any judgment, award, or settlement obtained pursuant to this section. Any judgment, award, or settlement obtained pursuant to an action under this section shall be subject to the provisions of Section 13963 of the Government Code.
Amendment history: Amended by Stats. 2015, Ch. 465, Sec. 1. (AB 538) Effective January 1, 2016.