California Commercial Code 6110 – (a) Except as provided in subdivision (b), an action under this …
(a) Except as provided in subdivision (b), an action under this division against a buyer, auctioneer, or liquidator shall be commenced within one year after the date of the bulk sale.
(b) If the buyer, auctioneer, or liquidator conceals the fact that the sale has occurred, the limitation is tolled and an action under this division may be commenced within the earlier of the following:
Terms Used In California Commercial Code 6110
- Auctioneer: means a person whom the seller engages to direct, conduct, control, or be responsible for a sale by auction. See California Commercial Code 6102
- Bulk sale: means either of the following:
California Commercial Code 6102
- Date of the bulk sale: means either of the following:
California Commercial Code 6102
- Liquidator: means a person who is regularly engaged in the business of disposing of assets for businesses contemplating liquidation or dissolution. See California Commercial Code 6102
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See California Commercial Code 1201
(1) One year after the person bringing the action discovers that the sale has occurred.
(2) One year after the person bringing the action should have discovered that the sale has occurred, but no later than two years after the date of the bulk sale. Complete noncompliance with the requirements of this division does not of itself constitute concealment.
(Repealed and added by Stats. 1990, Ch. 1191, Sec. 3.)