(a)  Except as otherwise provided in this section, a claim under this division shall not be brought more than one year after the defendant furnishes the specified illegal controlled substance. A cause of action accrues under this division when a person who may recover has reason to know of the harm from use of an illegal controlled substance that is the basis for the cause of action and has reason to know that the use of an illegal controlled substance is the cause of the harm.

(b)  For a defendant, the statute of limitations under this section does not expire until one year after the individual potential defendant is convicted of a criminal offense involving an illegal controlled substance or as otherwise provided by law.

criminal case

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Terms Used In California Health and Safety Code 11714

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See California Health and Safety Code 11703
  • Specified illegal controlled substance: means cocaine, phencyclidine, heroin, or methamphetamine and any other illegal controlled substance the manufacture, cultivation, importation into this state, transportation, possession for sale, sale, furnishing, administering, or giving away of which is a violation of Section 11351, 11351. See California Health and Safety Code 11703
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

(Added by Stats. 1996, Ch. 867, Sec. 1. Effective January 1, 1997.)

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