California, United States of America
The following excerpt is from Sidenberg v. Santa Monica Rent Control Bd., B260290 (Cal. App. 2016):
limitation on a cause of action for quiet title does not run against an owner in possession, and an owner is properly deemed to be in possession through his or her tenants. (See Salazar v. Thomas (2015) 236 Cal.App.4th 467, 477-482.)
"To determine the statute of limitations which applies to a cause of action it is necessary to identify the nature of the cause of action, i.e., the 'gravamen' of the cause of action. [Citations.] '[T]he nature of the right sued upon and not the form of action nor the relief demanded determines the applicability of the statute of limitations under our code.' [Citation.]" (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 22-23, italics added.)
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