Courtesy of Consumer Attorneys of California:

Tolling changes

The Judicial Council late last week revised its emergency rules regarding the statutes of limitations for filing civil cases during the COVID-19 pandemic and to clarify that the emergency rule also applies to statutes of repose. The action revised emergency rule the council adopted April 6 to suspend statutes of limitation on all civil cases until 90 days after Gov. Gavin Newsom lifts the state of emergency related to the pandemic. Given that the governor has not announced a date to lift the state of emergency order as some county courts have launched efforts to reopen and process civil filings, the council decreed that the original emergency rule needed to be adjusted so it is no longer yoked to Newsom’s coronavirus emergency declaration. The new rule, which you can read here, will restart statutes of limitations on set dates, and will suspend from April 6 to Oct. 1 the statutes of limitations and repose for civil causes of action that exceed 180 days, and suspend from April 6 to Aug. 3 the statutes of limitations and repose for civil causes of action that are 180 days or less. Causes of action with short-term statutes of limitation and repose have the more immediate deadline of Aug. 3 because those deadlines are designed to ensure that any challenges in those matters are raised more quickly. This end date is intended to ensure courts can process civil actions while providing certainty and reasonable notice to litigants of the end of the suspension period.