BILL NUMBER: AB 2864	CHAPTERED  09/07/06

	CHAPTER  221
	FILED WITH SECRETARY OF STATE  SEPTEMBER 7, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 7, 2006
	PASSED THE ASSEMBLY  AUGUST 22, 2006
	PASSED THE SENATE  AUGUST 17, 2006
	AMENDED IN SENATE  AUGUST 14, 2006
	AMENDED IN SENATE  AUGUST 8, 2006
	AMENDED IN SENATE  JUNE 26, 2006
	AMENDED IN ASSEMBLY  MARCH 27, 2006

INTRODUCED BY   Assembly Member Harman

                        FEBRUARY 24, 2006

   An act to amend Sections 366.2 and 366.3 of the Code of Civil
Procedure, relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2864, Harman  Civil actions: time of commencing.
   Existing law establishes a time limitation for commencing an
action for liability against a person after that person's death, if
the cause of action survives, and sets that time limitation within
one year after the date of death.  This limitations period may not be
tolled or extended for any reason, except for certain claims,
including creditor claims, payment of claims, debts, and expenses
from revocable trusts, and no contest clauses.
   Under existing law, if a person has a claim that arises from a
promise or agreement with a decedent to distribution from an estate
or trust or under another instrument, whether the promise or
agreement was made orally or in writing, an action to enforce the
claim to distribution may be commenced within one year after the date
of death, and the limitations period that would have been applicable
does not apply. This limitations period may not be tolled or
extended for any reason, except as provided in relation to a no
contest clause.
   This bill would clarify that these limitations periods may be
extended if the last day of the period falls on a holiday, as
specified.


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


  SECTION 1.  Section 366.2 of the Code of Civil Procedure is amended
to read:
   366.2.  (a) If a person against whom an action may be brought on a
liability of the person, whether arising in contract, tort, or
otherwise, and whether accrued or not accrued, dies before the
expiration of the applicable limitations period, and the cause of
action survives, an action may be commenced within one year after the
date of death, and the limitations period that would have been
applicable does not apply.
   (b) The limitations period provided in this section for
commencement of an action shall not be tolled or extended for any
reason except as provided in any of the following, where applicable:

   (1) Sections 12, 12a, and 12b of this code.
   (2) Part 4 (commencing with Section 9000) of Division 7 of the
Probate Code (creditor claims in administration of estates of
decedents).
   (3) Part 8 (commencing with Section 19000) of Division 9 of the
Probate Code (payment of claims, debts, and expenses from revocable
trust of deceased settlor).
   (4) Part 3 (commencing with Section 21300) of Division 11 of the
Probate Code (no contest clauses).
   (c) This section applies to actions brought on liabilities of
persons dying on or after January 1, 1993.
  SEC. 2.  Section 366.3 of the Code of Civil Procedure is amended to
read:
   366.3.  (a) If a person has a claim that arises from a promise or
agreement with a decedent to distribution from an estate or trust or
under another instrument, whether the promise or agreement was made
orally or in writing, an action to enforce the claim to distribution
may be commenced within one year after the date of death, and the
limitations period that would have been applicable does not apply.
   (b) The limitations period provided in this section for
commencement of an action shall not be tolled or extended for any
reason except as provided in Sections 12, 12a, and 12b of this code,
and Part 3 (commencing with Section 21300) of Division 11 of the
Probate Code.
   (c) This section applies to actions brought on claims concerning
persons dying on or after the effective date of this section.