Q: How does Emergency Rule 9 tolling of statute of limitations for Civil Cases California work?
For a 2 year statute of limitation that was due to expire on May 30, 2020 what would the new statute of limitation be with the Emergency Rule tolling in California?
A:
No one has tested this yet, so it is not clear and no opinions you get here should be relied upon to delay your filing of your claims in Court. The tolling (suspending) of the SOL due to CV 19 basically suspends the SOL for the months of the tolling period, which are set forth in the Order. So you count the days from when the tolling went into effect until it is terminated and add that to the balance of time you had on the date the tolling went into effect. Example: the tolling goes into effect on March 15, and goes of on August 15. If your case had to be filed on May 15, or 61 days after March 15, The 61 days should begin to run again when the tolling ceases on August 15, so you could have until October 15, 2020 to file the lawsuit. Personally, I would not wait, I would get it on file ASAP.
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