California CodesCode of Civil Procedure - CCPPart 2 — Of Civil ActionsTitle 2 — Of the Time of Commencing Civil ActionsChapter 3 — The Time of Commencing Actions Other Than for the Recovery of Real PropertySection 336

Within five years:

(a) An action for mesne profits of real property.

(b) An action for violation of a restriction, as defined in Section 784 of the Civil Code. The period prescribed in this subdivision runs from the time the person seeking to enforce the restriction discovered or, through the exercise of reasonable diligence, should have discovered the violation. A failure to commence an action for violation of a restriction within the period prescribed in this subdivision does not waive the right to commence an action for any other violation of the restriction and does not, in itself, create an implication that the restriction is abandoned, obsolete, or otherwise unenforceable. This subdivision shall not bar commencement of an action for violation of a restriction before January 1, 2001, and until January 1, 2001, any other applicable statutory or common law limitation shall continue to apply to that action.

Notes

Sets a five-year limitations period for mesne-profits actions and real-property restriction violations, with restriction claims accruing on discovery or reasonable discoverability. Missing the restriction deadline does not waive claims for other violations or imply abandonment or unenforceability; the rule did not bar restriction actions before January 1, 2001, when other applicable limitations continued to govern.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 336 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-2/chapter-3/section-336

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