California civil suit?

Question

I bought a car, spent money to get it running, then had the "real owner" come with the police and take it back. Apparently the person who sold it to me, bought it from somebody who took it as payment for money owed. How long do I have to sue to recover my money? I heard 3 years, and it has already been 2. Do I have a case?

Answer 1

California Code of Civil Procedure .

Section 337 -- Within four years for an action upon any contract, obligation or liability founded upon an instrument (document)

Since you have a contact with the seller, whether written or oral, that would fall under the 4 year statute.


Also section 338. Within three years: (a) An action upon a liability created by statute, or (d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

So, under 338, it would be three years from when the police notified you the car was stolen.

Don't wait any longer than you already have.

Answer 2

You have a case, but it would more than likely be for breach of contract (i.e., selling you something they didn't own), which runs in 2 years. But usually if fraud is involved as well (which it looks like it was based on what you said), then it might stretch to four years. Either way, consult an attorney now. Call Legal Aid or the Bar Association in your area.