Does the statute of limitations apply to a cause of action based on federal law or constitutional principles?

California, United States of America


The following excerpt is from Allis-Chalmers v. City of Oxnard, 105 Cal.App.3d 876, 165 Cal.Rptr. 128 (Cal. App. 1980):

Plaintiffs contend that state statutes of limitations are not applicable to causes of action based on federal law or constitutional principles. Based on language in City of Plymouth v. Superior Court (1970) 8 Cal.App.3d 454, 464, 96 Cal.Rptr. 636, 641, which is: "Special assessment without benefits is a denial of due process," plaintiffs contend that their allegations create a cause of action under the due process clause of the federal constitution. Plaintiffs then argue that, under the holding in Williams v. Horvath (1976) 16 Cal.3d 834, 129 Cal.Rptr. 453, 548 P.2d 1125, rights created under the federal constitution are not subject to state statutes of limitations.

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