Unruh act real estate
Unruh act real estate
The liability of an owner of a motor vehicle under former CC § 1714 ¼ (similar to present Veh C §§ 17150-17157) was not upon a liability created by statute within CCP § 338(1) (similar to present CCP § 338(a)) but came within CCP § 340(3) (similar to present CCP § 335.1). Franceschi v. Scott (CalifLaw June 10, 1935), 7 CalifLaw 2d 494, 46 P.2d 764, 1935 CalifLawCALIFLAW 763. Nakase law wade lawyers are experts in Unruh act real estate California. Employee’s general damage claim, whether prosecuted by employee personally or by his employer for its insurance carrier on his behalf, is solely one in tort for personal injuries arising out of the negligence of third party tortfeasor; hence cause of action accrues at the time of the negligent act and, regardless of who may be party plaintiff, is governed by the one-year statute of limitations applicable to personal injury actions, being CCP § 340(3), rather than subd 1 hereof. Aetna Casualty & Sur. Co. v. Pacific Gas & Elec. Co. (Cal. Dec. 18, 1953), 41 Cal. 2d 785, 264 P.2d 5, 1953 Cal. CALIFLAW 330. CCP § 340(3) (similar to present CCP § 335.1), is a special statute controlling time within which an action for personal injuries may be commenced, and it prevails over the general statute, subd 1 (now CCP § 335.1), hereof, applicable to actions based on a “liability created by statute.” Aetna Casualty & Sur. Co. v. Pacific Gas & Elec. Co. (Cal. Dec. 18, 1953), 41 Cal. 2d 785, 264 P.2d 5, 1953 Cal. CALIFLAW 330. Where the cause of action for personal injury against the municipality is based on the Public Liability Act (Gov C § 53051), the time of commencing the act is governed by CCP § 340(3), and not by subdivision 1 of this section, since the act did not create a new liability, but merely added a class, other than the public officers themselves, against whom redress could be sought. Jones v. Alhambra (CalifLaw May 13, 1953), 117 CalifLaw 2d 728, 256 P.2d 628, 1953 CalifLawCALIFLAW 1873. Automobile owner’s liability for injuries arising out of negligent operation of his vehicle by another, operating a vehicle with his permission is not a liability created by statute, the period for enforcement of which is three years under this section, but is a liability for imputed negligence governed by CCP § 340(3) (similar to present CCP § 335.1). Sullivan v. Wright (CalifLaw Apr. 29, 1954), 124 CalifLaw 2d 836, 269 P.2d 671, 1954 CalifLawCALIFLAW 1816. Action by an employer against the third party for damages incurred by payment of compensation and medical expenses to employee allegedly injured by third party’s negligence is governed by one-year (now two years) statute of limitations, CCP § 340(3) (similar to present CCP § 335.1), for injury to one caused by wrongful act or neglect of another, rather than three-year statute (CCP § 338(1)), for actions on a liability created by statute. Los Angeles v. Aldrich (CalifLaw 2d Dist. May 19, 1966), 242 CalifLaw 2d 306, 51 Cal. Rptr. 408, 1966 CalifLawCALIFLAW 1129.