Cal. Civ. Proc. Code § 354.8

Current through 2020 Notice Register, No. 44, October 30, 2020
Section 354.8
(a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years:
(1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following:
(A) An act of torture, as described in Section 206 of the Penal Code.
(B) An act of genocide, as described in Section 1091(a) of Title 18 of the United States Code.
(C) A war crime, as defined in Section 2441 of Title 18 of the United States Code.
(D) An attempted extrajudicial killing, as defined in Section 3(a) of Public Law 102-256.
(E)
(i) Crimes against humanity.
(ii) For purposes of this paragraph, "crimes against humanity" means any of the following acts as part of a widespread or systematic attack directed against a civil population, with knowledge of the attack:
(I) Murder.
(II) Extermination.
(III) Enslavement.
(IV) Forcible transfer of population.
(V) Arbitrary detention.
(VI) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.
(VII) Persecution on political, race, national, ethnic, cultural, religious, or gender grounds.
(VIII) Enforced disappearance of persons.
(IX) Other inhuman acts of similar character intentionally causing great suffering, serious bodily injury, or serious mental injury.
(2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102-256.
(3) An action for the taking of property in violation of international law, in which either of the following apply:
(A) That property, or any property exchanged for such property, is present in the United States in connection with a commercial activity carried on in the United States by a foreign state.
(B) That property, or any property exchanged for such property, is owned or operated by an agency or instrumentality of a foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.
(4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive.
(b) An action brought under this section shall not be dismissed for failure to comply with any previously applicable statute of limitations.
(c) Section 361 shall not apply to an action brought pursuant to this section if all or part of the unlawful act or acts out of which the action arises occurred in this state.
(d) A prevailing plaintiff may be awarded reasonable attorney's fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs.
(e) This section shall apply to all actions commenced concerning an act described in paragraphs (1) to (4), inclusive, of subdivision (a), that occurs on or after January 1, 2016.
(f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Ca. Civ. Proc. Code § 354.8

Added by Stats 2015 ch 474 (AB 15),s 2, eff. 1/1/2016.