California, United States of America
The following excerpt is from SFD Union Square, LLC v. Putris, A130720 (Cal. App. 2012):
4.Plaintiff contends the relevant statute of limitations period is set forth in either Code of Civil Procedure section 343 or 338. The first of these provisions states: "An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued." (Code Civ. Proc., 343.) This is the catchall provision that provides a statute of limitations in situations where no specific limitations period applies. (Stoll v. Superior Court (1992) 9 Cal.App.4th 1362, 1366.) Code of Civil Procedure section 338 states in part that an action upon a liability created by statute, other than a penalty or forfeiture, has a three-year statute of limitations period. We need not decide which statute applies to the present case as the petition was filed well within the bounds of both statutory limitations periods.
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.