In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases?

California, United States of America


The following excerpt is from Roe 58 v. Doe 1, 120 Cal.Rptr.3d 311 (Cal. App. 2011):

In another contract impairment case arising out of section 340.9, the court in Rosenblum v. Safeco Ins. Co. (2005) 126 Cal.App.4th 847, 858, 24 Cal.Rptr.3d 427, held that the provision "did nothing more than reopen the filing window, for a one-year period, to those otherwise viable cases that had become time-barred." (Original italics.)

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