Hi again, and thank you for your patience. I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top knotch answers to all of my customers. I am happy to share with you my decades of experience as I donate my time here.



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Your 911.2:
(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.
..."

I have NEVER heard of injury to personal property to include anything other than physical injury, i.e. destruction/damages to property.
I would strenuously argue that the "other cause of action" it that which pertains. A Breach of Contract, for instance, which is similar to fraud in the inducement often times, would certainliy not be "injury to property". Injury to property is typically along the lines of "personal bodily injury" - when a negligent act (or worse) causes bodily injury or property injury - such as a Car Accident caused by the agency employee.

I think their claim that it is a property claim is spurious, at best.

The CA court side specifically notes that breach of contract claims (and I am NOT saying you claimed breach of contract) are NOT in the 6 month limit, but enjoy the 12 month limit.
See here.
http://www.courts.ca.gov/9618.htm

And, fraud in the inducement is related to contract law, NOT personal injury/property injury:
To adequately allege fraud in the inducement, a California plaintiff must allege: (1) a fraudulent representation; (2) made to induce the plaintiff to enter into a contract (or forbearance); and (3) that is not a part of the contract. (A. A. Baxter Corp. v. Colt Industries, Inc. (1970) 10 Cal.App.3d 144, 153-54.)

It is NOT related to personal property damage at all. If they are saying that because you lost money on a contract, it is a "personal property" claim, I am not seeing it. When we allege causes of action such as breach of contract, we are always saying we lost money, but we are NOT claiming damage to property - notably, 911.2 specifically (as per the California court site's explanation holds the breach of contract, despite claiming MONEY damages, is not part of the section of with 6 month time limit, is NOT injury to property. The cash was not damaged - your profit was.

I hope the above helps you. I don't think this issue was ever appealed to an Appellate publishable case because it is ludicrous. Did they file a Motion to Dismiss? Or just send you a letter that they don't take your claim seriously because they believe you outlived your SOL. I suspect that they will change their tune when you move forward.

Let me know if you need follow up!

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I hope this clarifies and I wish you the best.



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