Code of Civil Procedure Section 366.2

Compiled December, 2017

Our review of the annotated history reveals the following legislative history (every “c.” below represents a separate legislative bill):

Prior HistoryFormer Code of Civil Procedure § 353, enacted 1872, amended 1971, 1226; 1971, c. 1638; 1987, c. 923; 1988, c. 1199; 1990, c. 140
Added: 1992, c. 178 [per CLRC, § 366.2 restated former § 353(b) without substantive change) to read as follows]:
(a) Subject to Part 4 (commencing with Section 9000) of Division 7 of the Probate Code governing creditor claims, if a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.
(b) Subject to Chapter 8 (commencing with Section 9350) of Part 4 of Division 7 of the Probate Code, the limitations period provided in this section for commencement of an action is not tolled or extended for any reason.
(c) This section applies to actions brought on liabilities of persons dying on or after January 1, 1993.
1993, c. 151: rewrote the section.
1994, c. 40:  inserted subdivision (b)(3), regarding no contest clauses
1996, c. 862:  inserted “and whether accrued or not accrued” in subdivision (a)(1)
1998, c. 581:  deleted the introductory paragraph of subdivision (a); redesignated pars. (1) and (2) of subdivision (a) as subdivisions (a) and (b); in redesignated subdivision (b), substituted “shall not be tolled” for “is tolled” and added at the end, “except as provided in any of the following, where applicable”; and deleted the introductory paragraph of former subdivision (b).
2006, 221:   in subdivision (b), inserted new paragraph (1), and redesignated existing paragraphs (1) to (3) as paragraphs (2) to (4).
2009, c. 348:  in subdivision (b)(4), inserted “Former” and added “, as that part read prior to its repeal by Chapter 174 of the Statutes of 2008.”

13 bills affected this section.                          

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