Re: SOL in CA

Posted by noslave (69.10.162.104) on August 06, 2004 at 11:37:09:

In Reply to: Re: SOL in CA posted by Why Chat on August 06, 2004 at 08:27:52:

But if the account was closed by the OC,wouldnt the last payment made while the account was mutual and open be the starting date?I would think payments made after the account was closed would not re-set the SOL according to this:

However, if the obligation sued upon constitutes an open book account, the statute of limitations begins to run from the date of the last entry on the account. Code of Civil Procedure § 337(2). But an open book account becomes closed, and the statute of limitations begins to run, once the account creditor ceases to extend credit on the account and there is no further activity on the account other than payment being made. RNC, Inc. v. Tsegeletos (1991) 231 Cal.App.3d 967, 972.

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