Bill Text: CA AB1207 | 2011-2012 | Regular Session | Amended

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Bill Title: Civil actions: limitations: real property development.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1207 Detail]

Download: California-2011-AB1207-Amended.html

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BILL NUMBER: AB 1207	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  MARCH 15, 2011

INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 18, 2011

   An act to amend Section 337.15 of the Code of Civil Procedure,
relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1207, as amended, Furutani. Civil actions: limitations: real
property development.
   Existing law prohibits bringing an action  for 
 to recover  damages from any person who develops real
property or performs or furnishes the design, specifications,
surveying, planning, supervision, testing, or observation of
construction or construction of an improvement to real property more
than 10 years after the substantial completion of the development or
improvement, as specified.
   This bill would provide that this limitation does not apply to
 an   any  action  in tort to
recover damages for damage to real or personal property 
 for damages for personal injury or wrongful death  , or for
personal injury or  wrongful death from exposure to
hazardous or toxic materials, pollution, hazardous waste, or
associated environmental remediation activities  
property damages caused or contributed to by exposure to any
hazardous substance, pollutant, or contaminant released into the
environment. The bill would provide that the limitations period for
these actions shall be as otherwise specified by law  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 337.15 of the Code of Civil Procedure is
amended to read:
   337.15.  (a) No action may be brought to recover damages from any
person, or the surety of a person, who develops real property or
performs or furnishes the design, specifications, surveying,
planning, supervision, testing, or observation of construction or
construction of an improvement to real property more than 10 years
after the substantial completion of the development or improvement
for any of the following:
   (1) Any latent deficiency in the design, specification, surveying,
planning, supervision, or observation of construction or
construction of an improvement to, or survey of, real property.
   (2) Injury to property, real or personal, arising out of any such
latent deficiency.
   (b) As used in this section, "latent deficiency" means a
deficiency which is not apparent by reasonable inspection.
   (c) 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 section, except that a cross-complaint for indemnity may be
filed pursuant to subdivision (b) of Section 428.10 in an action
which has been brought within the time period set forth in
subdivision (a) of this section.
   (d) Nothing in this section shall be construed as extending the
period prescribed by the laws of this state for bringing any action.
   (e) The limitation prescribed by this section shall 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 bring an action.
   (f) This section shall not apply to actions based on willful
misconduct or fraudulent concealment. 
   (g) The limitation prescribed by this section does not apply to an
action in tort to recover damages for damage to real or personal
property, or for personal injury or wrongful death from exposure to
hazardous or toxic materials, pollution, hazardous waste, or
associated environmental remediation activities.  
   (g) (1) This section shall not apply to actions for any of the
following:  
   (A) Damages for personal injury or wrongful death.  
   (B) Personal injury or property damages caused or contributed to
by exposure to any hazardous substance, pollutant, or contaminant
released into the environment.  
   (2) The limitations period for actions described in paragraph (1)
shall be as otherwise specified in this chapter. 
   (h) (1) The 10-year period specified in subdivision (a) shall
commence upon substantial completion of the improvement, but not
later than the date of one of the following, whichever first occurs:
   (A) The date of final inspection by the applicable public agency.
   (B) The date of recordation of a valid notice of completion.
   (C) The date of use or occupation of the improvement.
   (D) One year after termination or cessation of work on the
improvement.
   (2) The date of substantial completion shall relate specifically
to the performance or furnishing design, specifications, surveying,
planning, supervision, testing, observation of construction or
construction services by each profession or trade rendering services
to the improvement.