In another case, appellants had an option to purchase real property and claimed the three-year statute of limitations under Civ.Proc. §338 applied. Both the trial and appellate courts found the two-year statute of limitations under Civ.Proc. §339 was the right one because “an option to purchase real property is a contractual right.” Cyr v. McGovran (Cal. App. Second Dist., Div. 6; April 17, 2012) (Sub. Op. on Reh.; May 29, 2012) 206 Cal.App.4th 645, [142 Cal.Rptr.3d 34].
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