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4551. Affirmative Defense Statute of Limitations Latent Construction Defect (Code Civ. Proc., § 337.15) - Jury Instructions

4551. Affirmative Defense Statute of Limitations Latent Construction Defect (Code Civ. Proc., § 337.15) Form. This is a Jury Instructions form and can be used in 43 Unlawful Detainer .
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4550. Affirmative Defense--Affirmative Defense Statute of Limitations Latent Construction Defect (Code Civ. Proc., § 337.15) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] contends that [name of plaintiff]'s lawsuit was not filed within the time set by law. To succeed on this defense, [name of defendant] must prove that the date on which the [construction project/survey of real property/[specify project, e.g., roof replacement]] was substantially complete was more than 10 years before [insert date], the date on which this action was filed. ________________________________________________________________________________ New December 2011
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