7 Guam Code Ann. § 11305
Terms Used In 7 Guam Code Ann. § 11305
- Contract: A legal written agreement that becomes binding when signed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) An action for trespass upon or injury to real property.
(c) An action for taking, detaining or injuring any goods, or chattels, including actions for the specific recovery of personal property.
(d) An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action upon a bond of a public official except any cause of action based on fraud or embezzlement is not to be deemed to have accrued until the aggrieved party or his agent shall have discovered the facts constituting the cause of action upon the bond.
(f) An action against a notary public on his bond on malfeasance or misfeasance is not deemed to have accrued until the aggrieved party shall have discovered the facts constituting the cause of action; provided, that any action based on malfeasance or misfeasance shall be commenced within one (1) year from discovery by the aggrieved party or his agent of the facts constituting the cause or action or within three (3) years from the performance of the notarial act giving rise to the action, whicheveris later; and provided further, that any action against a notary public on his bond or in his official capacity must be commenced within six (6) years.
(g) An action for slander of title to real property.
(h) An action upon a contract, obligation or liability not founded upon an instrument of writing other than that mentioned in Subsection 2 of § 11303 of this Title; or an action founded upon a contract, obligation or liability, evidenced by a certificate or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance, shall not be deemed to have accrued until the aggrieved party has discovered the loss or damage.
SOURCE: CCP § 338. Subsections 5, 6, 7 & 8 added by P.L. 15-106:4.
NOTE: Subsections (1) through (8) changed to subsections (a) through (h)
by Compiler to maintain the general codification scheme of the GCA.