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  1. #11
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    Jul 2018
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    Default Re: Statute of Limitations for Small Claims Court

    Quote Quoting Blueberrie
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    My question is, what is the statute of limitations for my situation?
    Probably the two year SOL in CCP 339 ("An action upon a[n] . . . obligation or liability not founded upon an instrument of writing").

    Quote Quoting Blueberrie
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    Had they been allowed to fall and someone had lost their life, who would be liable?
    The owners of the property - assuming they were actually or constructively aware of the hazardous situation and failed to act reasonably.


    Quote Quoting Blueberrie
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    More trees have died and need to be removed. More will die and I am out of money.
    Sounds like you ought to consider selling your interest in the property.


    Quote Quoting Blueberrie
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    She has told me many times over the past 2 plus years that she will pay me back. My question now would be, every time she tells me she will pay me back does it reconstitute a new oral contract?
    No.

    P.S. Decisions by a superior court are not binding precedent and almost never are regarded as persuasive.

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