“Where one party contracts with another to do an act for the benefit of a third person, that person may enforce that contract at any time before the contracting parties rescind it. The beneficiary need not have consented to the underlying contract nor otherwise accepted beneficiary status. The statute of limitations on a third party beneficiary’s action for breach of contract depends on the type of contract. The statute of limitations on a third party beneficiary’s action for breach of an oral contract is two years. The statute of limitations on a third party beneficiary’s claim for breach of a written contract is four years. The UCC applies a four-year statute to any contract for the sale of goods, whether oral or written. In general, a breach of contract action accrues at the time of breach, and this rule has been applied to third party beneficiary claims.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
