§ 354.8 (a) Notwithstanding any other law, including, but not limited to Section 335.
Part 2: Of Civil Actions | Title 2: Of the Time of Commencing Civil Actions | Chapter 4: General Provisions as to the Time of Commencing Actions
Rule Text
(a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years:
(1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following:
(2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102-256.
(3) An action for the taking of property in violation of international law, in which either of the following apply:
(4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive.
(b) An action brought under this section shall not be dismissed for failure to comply with any previously applicable statute of limitations.
(c) Section 361 shall not apply to an action brought pursuant to this section if all or part of the unlawful act or acts out of which the action arises occurred in this state.
(d) A prevailing plaintiff may be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs.
(e) This section shall apply to all actions commenced concerning an act described in paragraphs (1) to (4), inclusive, of subdivision (a), that occurs on or after January 1, 2016.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
Amendment history: Added by Stats. 2015, Ch. 474, Sec. 2. (AB 15) Effective January 1, 2016.