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N Cal Attorney
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Experience:  since 1983
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What are the statute of limitations for filing a case against

Resolved Question:

What are the statute of limitations for filing a case against a bank for safe deposit box contents burglary at a bank?
Which codes apply to that?
Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

What is your theory for suing the bank? How are they responsible for your loss?
Customer: replied 1 year ago.

I lost all my jewelery and other valuable items need to recover from the bank as the bank did not comply with FDIC regulations and made gross negligence.

Expert:  JB Umphrey replied 1 year ago.
Thank you. It is three years (property damage). You may find this link to be informative as well: http://www.courts.ca.gov/9618.htm

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 1 year ago.

I am looking for a firm code that I can see and that shows me that that code is applicable. I am not looking for an approximate code number.

Customer: replied 1 year ago.

Which code states 3 years. Please send me the code line so that I can verify. This much I also knew that for a burglary in a bank, one has to sue within two years. Kindly clarify and give me the code number and its wording. Could it be a Federal US code?


Thanks

Expert:  N Cal Attorney replied 1 year ago.
Please clarify if you had a written contract with the bank in which the bank promised to safeguard the contents of the safety deposit box.

Do you know the date on which the box was burglarized?
Customer: replied 1 year ago.

Yes I had a written contract and that showed ordinary diligence on the bank. However, it turns out that FDIC and CFR regulations have not been met by the Bank and thereby it is a gross negligence on the part of the bank.


The bank was buglarized in January 2010 and I have already filed a suit against the bank in December 2011. I am fighting on my own as i cannot hire an attorney unless he wants to work on contingency basis.Now the defence attorney has asked f as a question that the California Codes 330 to 349. do not apply and hence th case does not meet statute of limitaions. The defence attorneys motion for the ordinary negligence limits has been denied by the court and he is playing game with me to get out of the case.


Is there any way you guys can give me proper guidance and if possible help?


I shall appreciate that.


Thanks,


Kris

Customer: replied 1 year ago.

Yes I had a written contract and that showed ordinary diligence on the bank. However, it turns out that FDIC and CFR regulations have not been met by the Bank and thereby it is a gross negligence on the part of the bank.




The bank was buglarized in January 2010 and I have already filed a suit against the bank in December 2011. I am fighting on my own as i cannot hire an attorney unless he wants to work on contingency basis.Now the defence attorney has asked f as a question that the California Codes 330 to 349. do not apply and hence th case does not meet statute of limitaions. The defence attorneys motion for the ordinary negligence limits has been denied by the court and he is playing game with me to get out of the case.




Is there any way you guys can give me proper guidance and if possible help?




I shall appreciate that.




Thanks,




Kris



 

Customer: replied 1 year ago.
Relist: Other.
Please let me know before hand which attorney/attorneys shall be looking at this question. I do not want that it gets into the hands of defense attorney who is also from Northern California.
Thanks
The continued question for your attorney is:


Yes I had a written contract and that showed ordinary diligence on the bank. However, it turns out that FDIC and CFR regulations have not been met by the Bank and thereby it is a gross negligence on the part of the bank.

The bank was buglarized in January 2010 and I have already filed a suit against the bank in December 2011. I am fighting on my own as i cannot hire an attorney unless he wants to work on contingency basis.Now the defence attorney has asked f as a question that the California Codes 330 to 349. do not apply and hence th case does not meet statute of limitaions. The defence attorneys motion for the ordinary negligence limits has been denied by the court and he is playing game with me to get out of the case.

Is there any way you guys can give me proper guidance and if possible help?

I shall appreciate that.

Thanks,

Kris
Expert:  N Cal Attorney replied 1 year ago.
The statute of limitations for breach of a written contract in California is 4 years, as provided in Code of Civil Procedure § 337. The SOL for loss of or damage to personal property under § 338 is 3 years. You wrote that you filed the lawsuit within 2 years so I do not see any statute of limitations problem with your claim.

The failure to keep the property in the safe deposit box safe from theft was a breach of the contract, in my opinion, so the 4 year statute would apply.

I hope this information is helpful.
Customer: replied 1 year ago.

I have just noticed that the Statute # XXXXX subdivision 1 for two year statute of limitations for oral agreements is also applicable to a professional negligence claim against an architect and a construction manager. Shall this be applicable or article 338 or 337. Can you please clarify this, I shall be highly appreciative for that info. I just want to know which answer should I give in my reply to the defense counsel.


Thanks,


Kris

Expert:  N Cal Attorney replied 1 year ago.
My opinion is that the 4 year SOL for breach of a written contract applies. You wrote that the defendant is a bank, not an architect or construction company.

You can argue that the SOL that applies is either the 4 year SOL under § 337 or the 3 year SOL under § 338. Either way, you filed within 2 years, and my opinion is that the complaint is not barred by any relevant statute of limitations.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8187
Experience: since 1983
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Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer, and thank you very much for the bonus!

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