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I read that the California State Judicial Council adopted Emergency Rule 9 in response to the Covid-19 pandemic, and as a result, the statute of limitations has been tolled for civil causes of action that exceed 180 days from April 2020 to October 2020. My question is, if the cause of action relates to personal injury incident that occurred on August 22, 2018 (therefore, the SOL normally run out on August 22, 2020), then under the Emergency Rule 9 when does the SOL actually runs out? Do you add 6 months (toll period from April to October 2020) to August 22, 2020 to get the date on which the statute of limitations runs out (in this case February 22, 2021)?
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Asked in Sacramento, CA | | 2 answers
Answer
Fred T Isquith
Litigation Lawyer in New York, NY
Rating:10
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You have until sometime in October to file unless the SOL is further extended.
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Fred, it’s illegal for you to opine on California law.
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Edna Carroll Straus
Probate Attorney in Mission Viejo, CA
Rating:8.8
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“ On April 6, 2020, the California State Judicial Council adopted Emergency Rule 9 in response to the COVID-19 pandemic.[1] As originally approved, the rule tolled the statute of limitations for all civil causes of action from April 6, 2020 until 90 days after the Governor lifts the current State of Emergency Declaration related to the COVID-19 pandemic.
After intense lobbying efforts from the development community, Emergency Rule 9 has been amended to:
Toll the statute of limitations period from April 6, 2020 until October 1, 2020 for civil causes of action that exceed 180 days.
Toll the statute of limitations period from April 6, 2020 until August 3, 2020 for civil causes of action that are 180 days or less.”
https://www.google.com/amp/s/www.natlawreview.com/article/judicial-council-amends-tolling-period-statutes-limitations-impacted-covid-19%3famp
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