What is the statute of limitations for a defendant in a civil case?
California, United States of America
The following excerpt is from People v. Garay, B290094 (Cal. App. 2019):
"As a general rule, the trial court need only instruct on the statute of limitations when it is placed at issue by the defense as a factual matter in the trial." (People v. Smith (2002) 98 Cal.App.4th 1182, 1192.) Even though the verdict form had a section 803 finding on the one year cut-off, defendant never raised a statute of limitations defense at trial. Defendant does not argue the contrary on appeal.
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