ТОП просматриваемых книг сайта:
California Code of Civil Procedure. California
Читать онлайн.Название California Code of Civil Procedure
Год выпуска 0
isbn 9785392105359
Автор произведения California
Жанр Юриспруденция, право
Издательство Проспект
(2) “Related company” means any parent, subsidiary, reinsurer, successor in interest, managing general agent, or affiliate company of the insurer.
(3) “Insurer” means an insurance provider doing business in the state, or whose contacts in the state satisfy the constitutional requirements for jurisdiction, that sold life, property, liability, health, annuities, dowry, educational, casualty, or any other insurance covering persons or property to persons in Europe at any time before 1945, directly or through a related company, whether the sale of the insurance occurred before or after the insurer and the related company became related.
(b) Notwithstanding any other provision of law, any Holocaust victim, or heir or beneficiary of a Holocaust victim, who resides in this state and has a claim arising out of an insurance policy or policies purchased or in effect in Europe before 1945 from an insurer described in paragraph (3) of subdivision (a), may bring a legal action to recover on that claim in any superior court of the state for the county in which the plaintiff or one of the plaintiffs resides, which court shall be vested with jurisdiction over that action until its completion or resolution.
(c) Any action brought by a Holocaust victim or the heir or beneficiary of a Holocaust victim, whether a resident or nonresident of this state, seeking proceeds of the insurance policies issued or in effect before 1945 shall not be dismissed for failure to comply with the applicable statute of limitation, provided the action is commenced on or before December 31, 2010.
(Amended by Stats. 1999, Ch. 827, Sec. 1. Effective October 10, 1999.)
354.6. (a) As used in this section:
(1) “Second World War slave labor victim” means any person taken from a concentration camp or ghetto or diverted from transportation to a concentration camp or from a ghetto to perform labor without pay for any period of time between 1929 and 1945, by the Nazi regime, its allies and sympathizers, or enterprises transacting business in any of the areas occupied by or under control of the Nazi regime or its allies and sympathizers.
(2) 'Second World War forced labor victim” means any person who was a member of the civilian population conquered by the Nazi regime, its allies or sympathizers, or prisoner-of-war of the Nazi regime, its allies or sympathizers, forced to perform labor without pay for any period of time between 1929 and 1945, by the Nazi regime, its allies and sympathizers, or enterprises transacting business in any of the areas occupied by or under control of the Nazi regime or its allies and sympathizers.
(3) “Compensation” means the present value of wages and benefits that individuals should have been paid and damages for injuries sustained in connection with the labor performed. Present value shall be calculated on the basis of the market value of the services at the time they were performed, plus interest from the time the services were performed, compounded annually to date of full payment without diminution for wartime or postwar currency devaluation.
(b) Any Second World War slave labor victim, or heir of a Second World War slave labor victim, Second World War forced labor victim, or heir of a Second World War forced labor victim, may bring an action to recover compensation for labor performed as a Second World War slave labor victim or Second World War forced labor victim from any entity or successor in interest thereof, for whom that labor was performed, either directly or through a subsidiary or affiliate. That action may be brought in a superior court of this state, which court shall have jurisdiction over that action until its completion or resolution.
(c) Any action brought under this section shall not be dismissed for failure to comply with the applicable statute of limitation, if the action is commenced on or before December 31, 2010.
(Added by Stats. 1999, Ch. 216, Sec. 4. Effective July 28, 1999.)
354.7. (a) The following definitions govern the construction of this section:
(1) “Bracero” means any person who participated in the labor importation program known as the Bracero program between January 1, 1942, and January 1, 1950, pursuant to agreements between the United States and Mexico.
(2) “Savings fund” means funds withheld from the wages of braceros as savings to be paid to braceros upon their return to Mexico.
(b) Notwithstanding any other provision of law, any bracero, or heir or beneficiary of a bracero, who has a claim arising out of a failure to pay or turn over savings fund amounts may bring a legal action or may continue a pending legal action to recover on that claim in any court of competent jurisdiction in this state, which court shall be deemed a proper forum for that action until its completion or resolution.
(c) Notwithstanding any other provision of law, any action brought by a bracero, or heir or beneficiary of a bracero, arising out of a failure to pay or turn over savings fund amounts shall not be dismissed for failure to comply with the otherwise applicable statute of limitations, provided the action is filed on or before December 31, 2005.
(d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2002, Ch. 1070, Sec. 2. Effective September 29, 2002.)
354.8. (a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years:
(1) An action for assault, battery, or both, where the conduct constituting the assault or battery would also constitute any of the following:
(A) An act of torture, as described in Section 206 of the Penal Code.
(B) An act of genocide, as described in Section 1091(a) of Title 18 of the United States Code.
(C) A war crime, as defined in Section 2441 of Title 18 of the United States Code.
(D) An attempted extrajudicial killing, as defined in Section 3(a) of Public Law 102–256.
(E) (i) Crimes against humanity.
(ii) For purposes of this paragraph, “crimes against humanity” means any of the following acts as part of a widespread or systematic attack directed against a civil population, with knowledge of the attack:
(I) Murder.
(II) Extermination.
(III) Enslavement.
(IV) Forcible transfer of population.
(V) Arbitrary detention.
(VI) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity.
(VII) Persecution on political, race, national, ethnic, cultural, religious, or gender grounds.
(VIII) Enforced disappearance of persons.
(IX) Other inhuman acts of similar character intentionally causing great suffering, serious bodily injury, or serious mental injury.
(2) An action for wrongful death, where the death arises out of conduct constituting any of the acts described in paragraph (1), or where the death would constitute an extrajudicial killing, as defined in Section 3(a) of Public Law 102–256.
(3) An action for the taking of property in violation of international law, in which either of the following apply:
(A) That property, or any property exchanged for such property, is present in the United States in connection with a commercial activity carried on in the United States by a foreign state.
(B) That property, or any property exchanged for such property, is owned or operated by an agency or instrumentality of a foreign state and that agency or instrumentality is engaged in a commercial activity in the United States.
(4) An action seeking benefits under an insurance policy where the insurance claim arises out of any of the conduct described in paragraphs (1) to (3), inclusive.
(b) An action brought under this section shall not be dismissed