Procedure
Cal. CIV § 941
California Statutes
(
a) Except as specifically set forth in this title, no action may be brought to recover under this title more than years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion. (
b) As used in this section, “action” includes an action for indemnity brought against a person arising out of that person’s performance or furnishing of services or materials referred to in this title, except that a cross-complaint for indemnity may be filed pursuant to subdivision (
b) of
Section 428.10 of the Code of Civil Procedure in an action which has been brought within the time period set forth in subdivision (a). (
c) The limitation prescribed by this
section may not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement, at the time any deficiency in the improvement constitutes the proximate cause for which it is proposed to make a claim or bring an action. (
d) Sections 337.15 and 337.1 of the Code of Civil Procedure do not apply to actions under this title. (
e) Existing statutory and decisional law regarding tolling of the statute of limitations shall apply to the time periods for filing an action or making a claim under this title, except that repairs made pursuant to
Chapter 4 (commencing with
Section 910), with the exception of the tolling provision contained in
Section 927, do not extend the period for filing an action, or restart the time limitations contained in subdivision (
a) or (
b) of
Section of the Business and Professions Code. If a builder arranges for a contractor to perform a repair pursuant to
Chapter 4 (commencing with
Section 910), as to the builder the time period for calculating the statute of limitation in subdivision (
a) or (
b) of
Section of the Business and Professions Code shall pertain to the substantial completion of the original construction and not to the date of repairs under this title. The time limitations established by this title do not apply to any action by a claimant for a contract or express contractual provision. Causes of action and damages to which this
chapter does not apply are not limited by this section.