EISENBERG VILLAGE OF THE LOS ANGELES JEWISH HOME FOR THE AGING, Plaintiff and Appellant, v. SUFFOLK CONSTRUCTION COMPANY, INC., Defendant and Respondent., 53 Cal. App. 5th 1201

Summary

HOLDINGS: [1]-Because an assisted living facility failed to bring a disgorgement claim against its builder within one year after the completion or cessation of performance, the claim was barred. The disgorgement provided in Bus. & Prof. Code, § 7031, subd. (b), is a penalty and thus the one-year period in Code Civ. Proc., § 340, subd. (a) applies. Such claims accrue upon the completion or cessation of the performance of the act or contract at issue. The discovery rule does not apply.