30 California Forms of Pleading and Practice--Annotated § 345.100

Summary

• [1] FORM
  345.100 Affirmative Defense [Code Civ. Proc. § 431.30(b)(2)]—Action Barred by Statute of Limitations—General Form
  [ (if more than one, specify number, e.g., FIRST)] SEPARATE AND AFFIRMATIVE DEFENSE [if more than one cause of action alleged, state TO THE (specify, e.g., SECOND) CAUSE OF ACTION]

  1. The action is barred [by the provisions of (insert, if appropriate : subdivision of) Section of the Code of Civil Procedure or in that (state facts establishing bar)].

• [2] Use of Form

  The affirmative defense in [1], above, may be inserted into the answer when the defendant wishes to raise the defense of bar of a statute of limitation. The alternative method of pleading, namely a reference to the applicable section (and subdivision, if the section is subdivided) of the Code of Civil Procedure, is authorized by Code Civ. Proc. § 458.

• [3] Necessity of Raising Defense Affirmatively

  A party who wishes to rely on the defense that an action is barred by a statute of limitation must affirmatively ...