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Negligence Doctrine: Pure Comparative Negligence

Circuit # 9

Med Pay Subrogation - Yes

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products 2 years
Statute of Repose: Real Property 4 years
Breach of Contract (Written) 4 years
Personal Property 3 years
Contractors/Architects 3 years from substantial completion years
Personal Injury 2 years
Warranty 4 years


Sue Owner for Negligence - YES

Suspend Owner's License - YES

Deductible Reimbursement

Pro Rata State
Cal. Code of Regs. tit. 10, § 2695.7


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Up to 25% of the debtor’s net disposable earnings. Once the levy has been served on the employer by the sheriff or marshal, it remains in effect until the judgment has been paid in full.  Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability:
   $25,000 Property
   $25,000 Medical, Dental and Hospital Expenses
   $25,000 Vandalism including attorney’s fees
   $30,000/$60,000 firearms limits

15/30/5 driving limits

Jointly and severally liable for willful misconduct causing injury, death or property damage; Liability generally imposed when child has acted with “willful” misconduct; Negligence of child is sufficient to impose liability when child harms person or property while operating motor vehicle with parent’s permission; Person verifying minor’s license application liable for driving of minor; Parent jointly & severally liable for negligent driving of child

Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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