How have courts interpreted section 364 of the California Statutory Limitations Act?

California, United States of America


The following excerpt is from Bennett v. Shahhal, 75 Cal.App.4th 384, 89 Cal.Rptr.2d 272 (Cal. App. 1999):

"Our primary aim in construing any law is to determine the legislative intent. [Citation.] In doing so we look first to the words of the statute, giving them their usual and ordinary meaning." (Committee of Seven Thousand v. Superior Court (1988) 45 Cal.3d 491, 501, 247 Cal.Rptr. 362, 754 P.2d 708.) Nothing in the language of section 364 suggests the legislature intended a tolling of the one-year statute of limitations after the service of a second notice of intent within ninety days of its expiration.

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