Is Section 21455 of the California Statute of Limitations retroactive or retroactive?

California, United States of America


The following excerpt is from Board of Administration, State Emp. Retirement System v. Ames, 215 Cal.App.2d 215, 29 Cal.Rptr. 917 (Cal. App. 1963):

'It is the settled law of this state that an amendment which enlarges a period of limitation applies to pending matters where not otherwise expressly excepted. Such legislation affects the remedy and is applicable to matters not already barred, without retroactive effect. Because the operation is prospective rather than retrospective, there is no impairment of vested rights. Moreover a party has no vested right in the running of a statute of limitation prior to its expiration. He is deemed to suffer no injury if, at the time of an amendment extending the period of limitation for recovery, he is under obligation to pay. [Citations.] In Campbell v. Holt, 115 U.S. 620, at page 628, 6 S.Ct. 209, 29 L.Ed. 483, it was said that statutes shortening the period or making it longer have always been held to be within the legislative power until the bar was complete.' (Mudd v. McColgan (1947) 30 Cal.2d 463, 468, 183 P.2d 10, 13.)

Section 21455 in nowise excepts existing actions.

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