Does the disability of minority apply to specific limitations of action contained within the framework of a statute?

California, United States of America


The following excerpt is from State Farm Mut. Auto. Ins. Co. v. Superior Court In and For Merced County, 232 Cal.App.2d 808, 43 Cal.Rptr. 209 (Cal. App. 1965):

The question whether the disability of minority provided by Code of Civil Procedure section 352 is applicable to specific limitations of action contained within the framework of a statute which provides a cause of action, is not a matter of first impression in California. The leading case is Artukovich v. Astendorf, 21 Cal.2d 329, 131 P.2d 831, which concerned a statute providing for a cause of action against certain governmental[232 Cal.App.2d 810] entities. The statute specified time limitations for the filing of claims as a condition precedent to bringing an action. No distinction was made between minors and adults. The contention made on behalf of the minor in Artukovich, as in the instant case, was that the disability of minority provided by Code of Civil Procedure section 352 tolled the specific statute of limitations expressed in the statute.

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 the statute of limitations apply to an action against a public entity for disability of imprisonment? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is section 29 of the statute of limitations on a minor's action for damages for negligently inflicted prenatal injuries? (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)
Does the statute of limitation in a personal injury action against an attorney extend beyond the date of action against the attorney? (California, United States of America)
When can a plaintiff recover a judgment within the jurisdictional limit for a limited civil or small claims action? (California, United States of America)
Does the statute of limitations apply to an action for declaratory relief? (California, United States of America)
Does section 340.8 of the Ontario Medical malpractice statute of limitations apply to minor plaintiffs? (California, United States of America)
Does the statute of limitations apply to medical malpractice actions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.