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California

Negligence Doctrine: Pure Comparative Negligence

Circuit # 9

Med Pay Subrogation - No

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 4 years
Personal Property 3 years
Contractors/Architects 3 years from substantial completion years
Personal Injury 2 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - YES

Suspend Owner's License - YES


Deductible Reimbursement

Pro Rata State
Cal. Code of Regs. tit. 10, § 2695.7
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Up to 25% of the debtor’s net disposable earnings. Once the levy has been served on the employer by the sheriff or marshal, it remains in effect until the judgment has been paid in full.  Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability:
   $25,000 Property
   $25,000 Medical, Dental and Hospital Expenses
   $25,000 Vandalism including attorney’s fees
   $30,000/$60,000 firearms limits
 

15/30/5 driving limits
 

Jointly and severally liable for willful misconduct causing injury, death or property damage; Liability generally imposed when child has acted with “willful” misconduct; Negligence of child is sufficient to impose liability when child harms person or property while operating motor vehicle with parent’s permission; Person verifying minor’s license application liable for driving of minor; Parent jointly & severally liable for negligent driving of child
 


Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease

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