How does the statute of limitations under section 16061.8 begin to run?

California, United States of America

The following excerpt is from Andersen v. Andersen, D068716 (Cal. App. 2016):

The 120-day statute of limitations under section 16061.8 begins to run only once the trustee serves a notice that is compliant with section 16061.7. ( 16061.7 & 16061.8; Harustak v. Wilkins (2000) 84 Cal.App.4th 208, 215 (Harustak).) In Harustak, for example, the court determined that a section 16061.7 notice was not sufficient to start the 120-day statute of limitations because certain express statutory language was not in boldface print in the notice, as required by section 16061.7, subdivision (h).

Page 13

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

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)

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)

Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)

Does the certificate of merit requirement apply to the statute of limitations set forth in section 340.1? (California, United States of America)

What is the test for relief from the statute of limitations under section 945.4 of the Government Claims Act? (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)

Is liability under section 13385 of the California Civil Code for polluting the environment limited to a public entity's liability under Section 13350, subdivision (a) of the Government Code? (California, United States of America)

What is the limitation period for a violation of section 288 and 288.5 of section 801.1 of the California Criminal Code? (California, United States of America)

Does section 802 of the California Statutory Limitation Act, section 802, apply to a defendant who is in prison in another jurisdiction? (California, United States of America)

Is a Defendant's Notice of Interest sufficient to lift the statute of limitations under Section 360 of the Bankruptcy and Insolvency Act? (California, United States of America)

How does the statute of limitations under section 16061.8 begin to run?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources