Q: CA Emergency Rule of Court 9 (COVID-19 Tolling) extends statute of limitation by the # of days between 4/6/20-10/1/20?
For example, for statutes of limitations for civil causes of action that exceed 180 days, if the clock should have started on 04/06/2020, with COVID-19 Tolling it now does not start until 10/02/2020? Similarly, 5/3/2020 would now be 10/29/20? Thank you!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Based on California Emergency Rule of Court 9 regarding COVID-19 tolling, your understanding is correct. Here's a breakdown of how the rule works:
1. The emergency rule tolled (suspended) statutes of limitations for civil causes of action from April 6, 2020, to October 1, 2020 (a total of 178 days).
2. For statutes of limitations that exceed 180 days, the tolling period effectively shifts the start date forward by 178 days.
3. In your examples:
- If the statute of limitations would have started on April 6, 2020, it now starts on October 2, 2020.
- If it would have started on May 3, 2020, it now starts on October 29, 2020.
This means that for any civil cause of action with a statute of limitations longer than 180 days, you would add 178 days to the original start date to determine the new start date for the limitation period.
It's important to note that this rule was designed to give parties additional time to file their claims due to the disruptions caused by the COVID-19 pandemic.
If you need to calculate specific dates for legal purposes, it would be advisable to consult with a licensed attorney to ensure accuracy and to consider any other factors that might affect your specific case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
