§ 340.35. — 340.35. (Added by Stats. 2004, Ch. 741, Sec. 1.)

California § 340.35.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 2.
• Part 2.: TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS
• Ch. 3.: CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property

Text

(a)
This section shall apply if both of the following conditions are met:
(1)
A complaint, information, or indictment was filed in a criminal case initiated pursuant to subdivision (f), (g), or (h) of Section 803 of the Penal Code.
(2)
The case was dismissed or overturned pursuant to the United States Supreme Court’s decision in Stogner v. California (2003) 156 L.Ed.2d 544.
(b)
Unless a longer period is prescribed for a specific action, any action for damages against an individual for committing an act of childhood sexual abuse shall be commenced before January 1, 2006.
(c)
This section shall apply to any action commenced before, on, or after the effective date of this section, including any action otherwise barred by a limitation of time in effect prior to the effective date of this section, thereby reviving those causes of action that had lapsed or expired under the law in effect prior to the effective date of this section.
(d)
This section shall not apply to any of the following:
(1)
Any claim against a person or entity other than the individual against whom a complaint, information, or indictment was filed as described in
paragraph (1) of subdivision (a).
(2)
Any claim that has been litigated to finality on the merits in any court of competent jurisdiction prior to the effective date of this section. For purposes of this section, termination of a prior action on the basis of the statute of limitations does not constitute a claim that has been “litigated to finality on the merits.”
(3)
Any written, compromised settlement agreement that has been entered into between a plaintiff and a defendant, if the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement, and the plaintiff signed the agreement.
(e)
Any restitution paid by the defendant to the victim shall be credited against any judgment, award, or settlement obtained pursuant to this section. Any judgment, award, or
settlement obtained pursuant to an action under this section shall be subject to Section 13966.01 of the Government Code.

Legislative History

Added by Stats. 2004, Ch. 741, Sec. 1. Effective January 1, 2005.