Can a surety obtain reimbursement from a creditor after the statute of limitations has run out?

California, United States of America


The following excerpt is from Regents of University of California v. Hartford Acc. & Indem. Co., 147 Cal.Rptr. 486, 21 Cal.3d 624, 581 P.2d 197 (Cal. 1978):

Stone v. Hammell (1890) 83 Cal. 547, 23 P. 703, although occasionally cited as holding that the surety cannot obtain reimbursement after the statute of limitations has run on the principal debt, is not on point. The action by the surety in that case was not barred because the statutory period had run on the principal debt, but because it had also run on a cause of action for reimbursement.

Other Questions


Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Is a public agency subject to estoppel from the assertion of either the time limits for filing tort claims or the statute of limitations on cause of action? (California, United States of America)
Is there a statute of limitations for conversion and claim and delivery of evidence obtained pursuant to a search warrant? (California, United States of America)
Is there any case law or case law in which a land held for public purposes is not subject to the limitation of the statute of limitations? (California, United States of America)
Is a criminal plaintiff required to obtain post conviction relief to avoid the statute of limitations bar in a professional malpractice action? (California, United States of America)
When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
What is the applicable statute of limitations for a plaintiff's claim for reimbursement for medical expenses? (California, United States of America)
Does a creditor's course of dealing, which implied that the creditor had authorization to sell collateral, result in the creditor losing its security interest in the collateral but not in the proceeds? (California, United States of America)
Does the running of the statute of limitations as to the principal debtor exonerate the surety? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.