Is a written acknowledgment or promise indicating a continuing contract sufficient evidence to take a case out of the statute of limitations?
California, United States of America
The following excerpt is from Kaichen's Metal Mart, Inc. v. Ferro Cast Co., 33 Cal.App.4th 8, 39 Cal.Rptr.2d 233 (Cal. App. 1995):
Eilke v. Rice, supra, 45 Cal.2d 66, 286 P.2d 349, dealt with the construction of former Code of Civil Procedure section 360. The current amended section 360, like section 337, is contained within title 2 governing the time of commencing civil actions. Section 360 provides that a written acknowledgment or promise indicating a new or continuing contract, or any payment made on a promissory note indicating acknowledgment of a continuing contract, is sufficient evidence to take a case out of the statute of limitations. 2
Page 237
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
