Naftzger

This appeal involves an unresolved question of when the three-year limitations period of Code of Civil Procedure section 338, subdivision (c) commences to run on a cause of action for the return of property stolen before the 1983 amendment to that statute. We hold, as a matter of law, that the cause of action in this case accrued when the owner discovered the identity of the person in possession of the stolen property, and not when the theft occurred. We reverse the judgment and remand.

Summary

Section 338, subdivision (c) imposes a three-year limitations period for actions seeking the return of stolen property. Before 1983, the Legislature left unanswered the general question of whether the cause of action immediately accrues when the theft occurs, or when the owner discovers: (a) the theft, (b) the identity of the thief, or (c) the identity of the person in possession of the stolen property.

In 1983, the Legislature provided a partial answer by amending section 338, subdivision (c) to read that the cause of action does not accrue until the owner, the owner’s agent, or the investigating law enforcement agency discovers the whereabouts of the stolen articles, provided…