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What is the statute of limitatons to sue on a lease contract?

Buena Park, CA |

I WAS SUED FOR FOR UD OCT.2011, LL WON JUDGEMENT. IN AUG. 2012 LL IS SUING ME IN SC FOR 10,000 UNDER TRUST NAME, 2500 UNDER HER NAME AND 6,000 UNDER HER SONS NAME WHO IS A STATE PRISONER SINCE 1998 OR 1999, ALL FOR PROPERTY DAMAGE. (ALL LIES) HEARINGS ARE 2/6/13. ACCORDING TO PROPERTY RECORDS (GRANT DEED), PROPERTY WAS REMOVED FROM TRUST IN MAY 2007 AND OWNER IS SOMEONE ELSE, NOTICE OF TRUSTEE SALE ON MARCH 2010 AND LL HAS PROPERTY IN LITIGATION WITH OWNER.SINCE NOV. 2007. ALL THIS INFO WAS NOT DISCLOSED TO ME WHEN I LEASED PROPERTY LEASE WAS SIGNED 4/1/2011, WE MOVED IN IN MAY 16, 2011. SHE SAID SHE WAS OWNER. I AM IN
CONTACT WITH THE OWNER OF RECORD. I WOULD LIKE TO SUE HER FOR FALSE REPRESENTATION AND FRAUD. MY UNDERSTANDING IS THE LL IS THE OWNER OR SOMEONE AUTHORIZED BY OWNER

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Attorney answers 4

Posted

It is my understanding that CA has a two year statute of limitations for oral contracts and a four year statute of limitations for a written contract.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Posted

In MA, the statute of limitations on contracts (including leases) is six years from the alleged breach, although contracts "under seal" have a much longer period. I assume similar in CA. In any event, the statute of limitations would not be an issue if you moved in in 2011 and got sued in 2012.

Whether the alleged landlord has standing to sue you (for example, they don't own the property) is a whole other story.

This sounds pretty complicated, and I'm not sure I understand some of your abreviations or the time lines (e.g., "LL WON JUDGMENT IN AUG. 2012" but "LL is SUEING...HEARINGS ARE 2/6/13). Further, there seems to be a lot of money being claimed, not to mention whatever your prospective counterclaims are worth. YOU NEED TO CONSULT LOCAL COUNSEL ASAP. (Now you've got me SHOUTING!)

GOOD LUCK!

The foregoing answer does not establish an attorney client relationship, is not confidential, and should not be relied upon in place of an actual consultation with an attorney. Mr. Boone is licensed to practice in Massachusetts, before the U.S. Tax Court, and the Federal District Court of Massachusetts. Most initial consultations are free. Further information is available on my profile and at www.boonehenkofflaw.com.

Posted

In California, the statute of limitations for breach of written contract is four years from breach. However, there are sometimes circumstances under which the statute of limitation is tolled (extended).

You don't indicate the status of the three pending cases, but I would suggest that you advise the court in each of the cases of the existence of the other pending cases so that they can be consolidated in a superior court lawsuit, and you can file a cross-complaint. Most likely, you would need an attorney to help you on this, but if there is an attorney's fee provision in the lease agreement, the attorney's fees would be recoverable by the prevailing party.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Posted

Statute of limitations is 3 yrs for fraud.

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