California Rules of Court — Rule 9 — Tolling statutes of limitations for civil causes of action (effective May 29, 2020 Emergency rule 9)
Cal. R. Ct. 9
California Rules of Court
AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on May 28, 2020, effective May 29, 2020 Emergency rule 9. Tolling statutes of limitations for civil causes of action ............. 2 1 Em er gency r ule 9. Tolling statutes of limitations for civil causes of action 1 2 (
a) Tolling statutes of limitations over days Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed days are tolled from April 6, 2020, until days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted October 1, 2020. 8 9 (
b) Tolling statutes of limitations of days or le ss Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that are days or less are tolled from April 6, 2020, until August 13 3, 2020. 14 Advisory Committee Comment Emergency rule is intended to apply broadly to toll any statute of limitations on the filing of a pleading in court asserting a civil cause of action. The term “civil causes of action” includes special proceedings. (See Code Civ.
Proc. , §§ 312, 363 [“action,” as used in title of the code (Of the Time of Commencing Civil Actions), is construed “as including a special proceeding of a c ivil nature”); s pecial proceedings pecial proceedings of a civil nature include all proceedings in title of the code, 22 including mandamus actions under §§ 1085, 1088.5, and 1094.5— all the types of petitions for writ made for California Environmental Quality Act (CEQA) and land use challenges]; see also Pub.
Resources Code, § 21167(a)–(e) [setting limitations periods for civil “action[s]” under CEQA].) 26 The rule also applies to statutes of limitations on filing of causes of action in court found in codes other than the Code of Civil Procedure, including the limitations on causes of action found in, for example, the Family Code and Probate Code. 30 31