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The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed. Therefore, the defendant must plead the defense before the court upon answering the plaintiff's complaint.
(Code of Civil Procedure Â§Â§ 340, 340.1, 339, 337, 338, 337.15) A statute of limitations refers to the time in which a lawsuit must be filed after a claim recognized by the law has accrued. If a lawsuit is not filed within the specified time, the right to prosecute the claim in court will ordinarily be lost.