Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2648Introduced by Assembly Member FriedmanFebruary 15, 2018 An act to amend Section 337.15 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 2648, as amended, Friedman. Civil actions: limitations: real property.Existing law prohibits an action from being brought to recover damages from any person, or the persons surety, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement, as specified. Existing law provides that the 10-year statute of limitation does not apply to actions based on willful misconduct or fraudulent concealment. This bill would similarly provide that the 10-year statute of limitation does not apply to an action for an a personal injury resulting from water contamination, and would make technical, nonsubstantive changes to the provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 337.15 of the Code of Civil Procedure is amended to read:337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:(1) A latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property.(2) Injury to property, real or personal, arising out of a latent deficiency.(b) As used in this section, latent deficiency means a deficiency that is not apparent by reasonable inspection.(c) As used in this section, action includes an action for indemnity brought against a person arising out of that persons performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action that has been brought within the time period specified in subdivision (a).(d) This section shall not be construed as extending the period prescribed by the laws of this state for bringing an action.(e) The limitation prescribed by this section shall not be asserted by way of defense by a person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time a deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.(f) This section does not apply to:(1) An action based on willful misconduct or fraudulent concealment.(2) An action for an a personal injury resulting from water contamination.(g) (1) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:(A) The date of final inspection by the applicable public agency.(B) The date of recordation of a valid notice of completion.(C) The date of use or occupation of the improvement.(D) One year after termination or cessation of work on the improvement.(2) The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement.
Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2648Introduced by Assembly Member FriedmanFebruary 15, 2018 An act to amend Section 337.15 of the Code of Civil Procedure, relating to civil actions. LEGISLATIVE COUNSEL'S DIGESTAB 2648, as amended, Friedman. Civil actions: limitations: real property.Existing law prohibits an action from being brought to recover damages from any person, or the persons surety, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement, as specified. Existing law provides that the 10-year statute of limitation does not apply to actions based on willful misconduct or fraudulent concealment. This bill would similarly provide that the 10-year statute of limitation does not apply to an action for an a personal injury resulting from water contamination, and would make technical, nonsubstantive changes to the provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 02, 2018
Amended IN Assembly April 02, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2648
Introduced by Assembly Member FriedmanFebruary 15, 2018
Introduced by Assembly Member Friedman
February 15, 2018
An act to amend Section 337.15 of the Code of Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2648, as amended, Friedman. Civil actions: limitations: real property.
Existing law prohibits an action from being brought to recover damages from any person, or the persons surety, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement, as specified. Existing law provides that the 10-year statute of limitation does not apply to actions based on willful misconduct or fraudulent concealment. This bill would similarly provide that the 10-year statute of limitation does not apply to an action for an a personal injury resulting from water contamination, and would make technical, nonsubstantive changes to the provisions.
Existing law prohibits an action from being brought to recover damages from any person, or the persons surety, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement, as specified. Existing law provides that the 10-year statute of limitation does not apply to actions based on willful misconduct or fraudulent concealment.
This bill would similarly provide that the 10-year statute of limitation does not apply to an action for an a personal injury resulting from water contamination, and would make technical, nonsubstantive changes to the provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 337.15 of the Code of Civil Procedure is amended to read:337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:(1) A latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property.(2) Injury to property, real or personal, arising out of a latent deficiency.(b) As used in this section, latent deficiency means a deficiency that is not apparent by reasonable inspection.(c) As used in this section, action includes an action for indemnity brought against a person arising out of that persons performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action that has been brought within the time period specified in subdivision (a).(d) This section shall not be construed as extending the period prescribed by the laws of this state for bringing an action.(e) The limitation prescribed by this section shall not be asserted by way of defense by a person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time a deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.(f) This section does not apply to:(1) An action based on willful misconduct or fraudulent concealment.(2) An action for an a personal injury resulting from water contamination.(g) (1) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:(A) The date of final inspection by the applicable public agency.(B) The date of recordation of a valid notice of completion.(C) The date of use or occupation of the improvement.(D) One year after termination or cessation of work on the improvement.(2) The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 337.15 of the Code of Civil Procedure is amended to read:337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:(1) A latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property.(2) Injury to property, real or personal, arising out of a latent deficiency.(b) As used in this section, latent deficiency means a deficiency that is not apparent by reasonable inspection.(c) As used in this section, action includes an action for indemnity brought against a person arising out of that persons performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action that has been brought within the time period specified in subdivision (a).(d) This section shall not be construed as extending the period prescribed by the laws of this state for bringing an action.(e) The limitation prescribed by this section shall not be asserted by way of defense by a person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time a deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.(f) This section does not apply to:(1) An action based on willful misconduct or fraudulent concealment.(2) An action for an a personal injury resulting from water contamination.(g) (1) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:(A) The date of final inspection by the applicable public agency.(B) The date of recordation of a valid notice of completion.(C) The date of use or occupation of the improvement.(D) One year after termination or cessation of work on the improvement.(2) The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement.
SECTION 1. Section 337.15 of the Code of Civil Procedure is amended to read:
### SECTION 1.
337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:(1) A latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property.(2) Injury to property, real or personal, arising out of a latent deficiency.(b) As used in this section, latent deficiency means a deficiency that is not apparent by reasonable inspection.(c) As used in this section, action includes an action for indemnity brought against a person arising out of that persons performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action that has been brought within the time period specified in subdivision (a).(d) This section shall not be construed as extending the period prescribed by the laws of this state for bringing an action.(e) The limitation prescribed by this section shall not be asserted by way of defense by a person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time a deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.(f) This section does not apply to:(1) An action based on willful misconduct or fraudulent concealment.(2) An action for an a personal injury resulting from water contamination.(g) (1) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:(A) The date of final inspection by the applicable public agency.(B) The date of recordation of a valid notice of completion.(C) The date of use or occupation of the improvement.(D) One year after termination or cessation of work on the improvement.(2) The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement.
337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:(1) A latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property.(2) Injury to property, real or personal, arising out of a latent deficiency.(b) As used in this section, latent deficiency means a deficiency that is not apparent by reasonable inspection.(c) As used in this section, action includes an action for indemnity brought against a person arising out of that persons performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action that has been brought within the time period specified in subdivision (a).(d) This section shall not be construed as extending the period prescribed by the laws of this state for bringing an action.(e) The limitation prescribed by this section shall not be asserted by way of defense by a person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time a deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.(f) This section does not apply to:(1) An action based on willful misconduct or fraudulent concealment.(2) An action for an a personal injury resulting from water contamination.(g) (1) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:(A) The date of final inspection by the applicable public agency.(B) The date of recordation of a valid notice of completion.(C) The date of use or occupation of the improvement.(D) One year after termination or cessation of work on the improvement.(2) The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement.
337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:(1) A latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property.(2) Injury to property, real or personal, arising out of a latent deficiency.(b) As used in this section, latent deficiency means a deficiency that is not apparent by reasonable inspection.(c) As used in this section, action includes an action for indemnity brought against a person arising out of that persons performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action that has been brought within the time period specified in subdivision (a).(d) This section shall not be construed as extending the period prescribed by the laws of this state for bringing an action.(e) The limitation prescribed by this section shall not be asserted by way of defense by a person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time a deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.(f) This section does not apply to:(1) An action based on willful misconduct or fraudulent concealment.(2) An action for an a personal injury resulting from water contamination.(g) (1) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:(A) The date of final inspection by the applicable public agency.(B) The date of recordation of a valid notice of completion.(C) The date of use or occupation of the improvement.(D) One year after termination or cessation of work on the improvement.(2) The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement.
337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:
(1) A latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property.
(2) Injury to property, real or personal, arising out of a latent deficiency.
(b) As used in this section, latent deficiency means a deficiency that is not apparent by reasonable inspection.
(c) As used in this section, action includes an action for indemnity brought against a person arising out of that persons performance or furnishing of services or materials referred to in this section, except that a cross-complaint for indemnity may be filed pursuant to subdivision (b) of Section 428.10 in an action that has been brought within the time period specified in subdivision (a).
(d) This section shall not be construed as extending the period prescribed by the laws of this state for bringing an action.
(e) The limitation prescribed by this section shall not be asserted by way of defense by a person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time a deficiency in the improvement constitutes the proximate cause for which it is proposed to bring an action.
(f) This section does not apply to:
(1) An action based on willful misconduct or fraudulent concealment.
(2) An action for an a personal injury resulting from water contamination.
(g) (1) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:
(A) The date of final inspection by the applicable public agency.
(B) The date of recordation of a valid notice of completion.
(C) The date of use or occupation of the improvement.
(D) One year after termination or cessation of work on the improvement.
(2) The date of substantial completion shall relate specifically to the performance or furnishing design, specifications, surveying, planning, supervision, testing, observation of construction or construction services by each profession or trade rendering services to the improvement.