What is the test for waiving the statute of limitations in a contract?
California, United States of America
The following excerpt is from County of Santa Clara v. Vargas, 139 Cal.Rptr. 537, 71 Cal.App.3d 510 (Cal. App. 1977):
The parties to a contract may waive the running of the statute of limitations by express agreement. (Antioch College v. Barnhart (1942) 49 Cal.App.2d 171, 173, 121 P.2d 521. Cf. Code Civ.Proc., 360.5, limiting [71 Cal.App.3d 521] the effective period of such a waiver, but excepting 'any acknowledgment, promise, or any form of waiver which is in writing and signed by the person obligated and given to any county to secure repayment of indigent aid . . ..')
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