California civil statute of limitations laws
California civil statute of limitations overview
In California, every civil lawsuit must be filed within a specific window of time. These filing deadlines, known as statutes of limitations, range from one year to 10 years depending on the type of claim. If you miss the deadline, the court will almost certainly dismiss your case, regardless of how strong your evidence may be.
The purpose of these time limits is to promote fairness. As time passes, evidence deteriorates, witnesses relocate, and memories fade. Statutes of limitations encourage injured parties to pursue claims promptly while protecting potential defendants from indefinite legal exposure. Most of these rules are found in the California Code of Civil Procedure (CCP), sections 312 through 366.
| Type of Claim | Statute of Limitations |
|---|---|
| Personal injury | 2 years |
| Wrongful death | 2 years |
| Property damage | 3 years |
| Fraud | 3 years |
| Libel or slander | 1 year |
| Written contract breach | 4 years |
| Oral contract breach | 2 years |
| Medical malpractice | 1 year from discovery; 3 years maximum |
| Legal malpractice | 1 year from discovery; 4 years maximum |
| Enforcement of judgments | 10 years |
How filing deadlines work
The statute of limitations clock generally begins ticking on the date the injury, damage, or breach occurs. Once that period expires, the defendant can raise the missed deadline as an affirmative defense or file a demurrer to have the case dismissed. Courts have no discretion on this point; if the filing period has lapsed, the case must be dismissed.
| Key Concept | Description |
|---|---|
| Accrual date | The date the cause of action arises, usually the date of injury or breach |
| Discovery rule | The clock may start when the plaintiff discovers (or should have discovered) the harm |
| Tolling | Certain circumstances pause the clock, extending the filing deadline |
| Expiration | Once expired, the claim is permanently barred |
The starting point of the limitations period is called "accrual." For most claims, accrual is straightforward: you are injured in a car accident, and the two-year clock begins that day. In other situations, such as latent injuries or hidden fraud, accrual may be delayed under the discovery rule. This concept is discussed in more detail below.
Personal injury and wrongful death
California allows two years to file a personal injury lawsuit. This applies broadly to claims involving bodily harm, whether the defendant acted intentionally or negligently. Wrongful death claims also carry a two-year deadline, measured from the date of the decedent's death.
| Claim Type | Deadline | Code Section |
|---|---|---|
| Personal injury (negligence or intentional) | 2 years | CCP § 335.1 |
| Wrongful death | 2 years | CCP § 335.1 |
| Assault and battery | 2 years | CCP § 335.1 |
| Intentional infliction of emotional distress | 2 years | CCP § 335.1 |
| Negligent infliction of emotional distress | 2 years | CCP § 335.1 |
| False imprisonment | 1 year | CCP § 340(c) |
The two-year period under CCP § 335.1 covers a wide range of scenarios, including car accidents, slip-and-fall incidents, dog bites, and workplace injuries filed as civil claims. However, medical malpractice cases follow their own separate timeline (see the professional malpractice section below).
False imprisonment stands as a notable exception with only a one-year filing window. If you believe you were unlawfully detained or confined, prompt legal action is essential.
Property damage claims
Claims for damage to personal or real property must be filed within three years of the date the damage occurred. This deadline applies regardless of whether the defendant acted intentionally or negligently.
| Claim Type | Deadline | Code Section |
|---|---|---|
| Damage to personal property | 3 years | CCP § 338(b)-(c) |
| Trespass to real property | 3 years | CCP § 338(b) |
| Conversion (theft of property) | 3 years | CCP § 338(c) |
| Nuisance | 3 years | CCP § 338 |
| Patent defects in real property construction | 4 years | CCP § 337.1 |
| Latent defects in real property construction | 10 years | CCP § 337.15 |
Vehicle collisions, vandalism, and unauthorized entry onto your land all fall under the three-year window. Property damage claims arising from construction defects, however, have their own special rules. Known (or "patent") defects must be claimed within four years, while hidden ("latent") defects in real property improvements carry a longer period of up to 10 years.
Breach of contract
The statute of limitations for a contract dispute depends on whether the agreement was put in writing. Written contracts receive a longer filing window than oral agreements, reflecting the stronger evidentiary record that written documentation provides.
| Contract Type | Deadline | Code Section |
|---|---|---|
| Written contract | 4 years | CCP § 337 |
| Oral contract | 2 years | CCP § 339 |
| Sale of goods (UCC) | 4 years | Cal. Commercial Code § 2725 |
| Collection of rent | 4 years | CCP § 337.2 |
| Debt on account (book account) | 4 years | CCP § 337 |
| Enforcement of judgment | 10 years | CCP § 337.5 |
A breach of written contract claim must be filed within four years from the date the contract was broken (CCP § 337). Oral contract claims must be filed within two years (CCP § 339). Even though oral agreements may lack a formal document, supporting evidence such as receipts, emails, canceled checks, or text messages can help establish that a binding agreement existed.
For the sale of goods governed by the Uniform Commercial Code, California Commercial Code § 2725 sets a four-year period. Parties to a sales contract may agree to reduce this period to as little as one year but cannot extend it beyond four years.
If you are owed money under a court judgment, you have 10 years to enforce it under CCP § 337.5. Judgments can also be renewed before they expire, effectively extending the enforcement period.
Professional malpractice
Malpractice claims against professionals follow specialized rules that combine fixed time limits with discovery-based deadlines. These hybrid rules acknowledge that victims of malpractice may not immediately realize they have been harmed.
| Type of Malpractice | Deadline | Code Section |
|---|---|---|
| Medical malpractice | 1 year from discovery or 3 years from injury, whichever is first | CCP § 340.5 |
| Legal malpractice | 1 year from discovery, 4-year maximum | CCP § 340.6 |
| Veterinary malpractice | 1 year | CCP § 340(c) |
Medical malpractice
Medical malpractice claims must be filed within one year from the date the patient discovers, or reasonably should have discovered, the injury. There is also an outer limit of three years from the date the actual injury occurred. Whichever deadline arrives first controls.
For example, if a surgical error causes immediate and obvious complications, the three-year outer limit applies because the patient knew (or should have known) about the problem right away. On the other hand, if a surgeon leaves an instrument inside a patient and the issue is not discovered until a routine scan two years later, the one-year discovery clock would begin on the date of that scan.
Legal malpractice
Claims against attorneys must be brought within one year from the date the client discovers, or should have discovered, the facts constituting the malpractice. An absolute outer limit of four years from the date of the wrongful act applies. Tolling of this period may occur while the attorney continues to represent the client in the same matter.
Other civil claims
Several additional categories of civil claims have their own specific filing deadlines. The table below captures some of the more commonly encountered time limits that do not fit neatly into the categories discussed above.
| Claim Type | Deadline | Code Section |
|---|---|---|
| Fraud | 3 years from discovery | CCP § 338(d) |
| Libel (written defamation) | 1 year | CCP § 340(c) |
| Slander (spoken defamation) | 1 year | CCP § 340(c) |
| Wrongful termination | 2 years | CCP § 335.1 |
| Product liability | 2 years | CCP § 335.1 |
Defamation claims, which include both libel and slander, carry one of the shortest filing deadlines in California civil law: just one year from the date of publication or utterance. Fraud claims benefit from a longer window of three years, but the clock does not begin until the plaintiff discovers, or reasonably should have discovered, the fraudulent conduct.
Claims against government agencies
Filing a lawsuit against a California government agency or its employees follows an entirely different process with significantly shorter deadlines. Before a lawsuit can be filed, the claimant must first submit an administrative claim to the relevant agency under the California Government Claims Act (formerly the Tort Claims Act).
| Step | Deadline | Details |
|---|---|---|
| Administrative claim for personal injury or property damage | 6 months from the incident | Must be filed with the government agency |
| Administrative claim for other causes of action | 1 year from the incident | Must be filed with the government agency |
| Lawsuit after claim is rejected | 6 months from the date of rejection notice | Filed in court after the agency denies the claim |
For personal injury and property damage claims, the administrative claim must be submitted within six months of the incident. If the agency rejects the claim (or fails to respond within 45 days), the claimant then has six months from the date of the rejection notice to file a lawsuit in court.
Missing the administrative claim deadline against a government entity is often fatal to your case. Late claim applications are possible in limited circumstances, but they require showing a valid reason for the delay. Consult an attorney immediately if you need to pursue a claim against a government body.
When the clock starts: accrual and the discovery rule
Determining when the statute of limitations begins to run is one of the most critical, and sometimes most complex, aspects of California civil law. The general rule is that the clock starts on the date of the injury, breach, or damage. This starting point is called "accrual."
| Accrual Type | When the Clock Starts | Common Examples |
|---|---|---|
| Standard accrual | Date of injury or breach | Car accidents, contract violations, property damage |
| Discovery rule | Date plaintiff discovered or should have discovered the harm | Medical malpractice, fraud, latent defects |
| Multi-element claims | Date the last required element of the cause of action occurs | Claims requiring proof of damages that manifest later |
In most situations, reasonable diligence will reveal that harm has occurred, and the standard accrual date applies. The discovery rule is reserved for circumstances where the injury is hidden or not immediately apparent. Courts expect plaintiffs to act with reasonable diligence; if you should have known about the harm but chose not to investigate, the discovery rule will not save your claim.
For example, if you notice unusual symptoms after a medical procedure but wait several years to see a doctor, a court may determine that you should have discovered the malpractice much sooner. The discovery rule protects those who could not reasonably have known about the harm, not those who simply delayed taking action.
Tolling: when the clock pauses
Tolling temporarily suspends the running of the statute of limitations, giving plaintiffs additional time to file. California recognizes both statutory tolling (set out in specific code sections) and equitable tolling (developed through case law).
| Tolling Scenario | Effect on Deadline | Legal Basis |
|---|---|---|
| Plaintiff is a minor (under 18) | Clock pauses until the plaintiff turns 18 | CCP § 352(a) |
| Plaintiff is mentally incompetent | Clock pauses during incapacity | CCP § 352(a) |
| Defendant is out of the state | Time spent out of state may not count | CCP § 351 |
| Plaintiff is incarcerated | Clock may be paused in certain circumstances | CCP § 352.1 |
| Equitable tolling | Clock pauses while plaintiff pursues an alternative remedy in good faith | Case law (judicially created) |
| COVID-19 emergency (April 6 – October 1, 2020) | Limitations periods over 180 days were paused | Cal. Emergency Rule of Court 9 |
Statutory tolling
The most common form of statutory tolling involves plaintiffs who are minors. If a child is injured, the statute of limitations generally does not begin to run until the child turns 18. At that point, the standard limitations period starts. CCP sections 350 through 363 describe many of the specific circumstances that trigger statutory tolling.
Mental incompetence is another recognized ground. If the plaintiff lacks the legal capacity to manage their own affairs at the time the cause of action accrues, the limitations period is paused until competency is restored.
Equitable tolling
Equitable tolling is a judicially created doctrine that protects plaintiffs who are actively pursuing an alternative legal remedy. For instance, if you file a workers' compensation claim for a workplace injury, the statute of limitations on a related civil personal injury case may be paused while the workers' compensation process is ongoing. Once that process concludes, the civil clock resumes from where it left off.
Courts apply equitable tolling on a case-by-case basis. To benefit from it, you generally must show that you were pursuing another remedy in good faith, that your conduct was reasonable, and that the defendant will not be unfairly prejudiced by the delay.
Never assume that tolling applies to your situation. Tolling rules are complex and fact-specific. If you believe your deadline has passed or that tolling might extend it, consult a California attorney as soon as possible to evaluate your options.
Frequently asked questions
What happens if I miss the statute of limitations?
If you file a lawsuit after the applicable statute of limitations has expired, the defendant can raise this as a defense. The court is required to dismiss the case. There is no judicial discretion to extend the deadline simply because the claim has merit.
Can the statute of limitations be paused?
Yes. Tolling can pause the clock under specific circumstances, including when the plaintiff is a minor, is mentally incompetent, or is actively pursuing an alternative legal remedy. Statutory provisions and equitable doctrines both provide grounds for tolling, though qualifying for either requires meeting specific legal criteria.
When does the discovery rule apply?
The discovery rule delays the start of the limitations period until the plaintiff discovers, or reasonably should have discovered, the injury. It most commonly applies in medical malpractice, fraud, and latent defect cases where the harm is not immediately apparent. You must still exercise reasonable diligence in identifying potential injuries or wrongdoing.
Are the rules different for suing a government agency?
Yes. Before filing a lawsuit against a California government entity, you must first submit an administrative claim, typically within six months of the incident for personal injury and property damage claims. Only after the claim is denied (or goes unanswered for 45 days) can you file a lawsuit, and you must do so within six months of the rejection.
Where can I find the specific statute for my case?
Most civil statutes of limitations are located in the California Code of Civil Procedure, sections 312 through 366. You can access these sections online through the California Legislative Information website. Because applying the correct statute to your situation requires careful legal analysis, consulting with a California attorney is strongly recommended.
Can parties agree to shorten or lengthen the statute of limitations?
In some contexts, yes. For example, under the California Commercial Code, parties to a sales contract may agree to reduce the four-year limitations period to as little as one year. However, they cannot extend it beyond the statutory maximum. For other types of claims, contractual modifications to the statute of limitations may or may not be enforceable depending on the specific area of law involved.