California
California Statute of Limitations: Filing Deadlines by Case Type
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 11 primary sources cited on this page. How we verify our legal content
California's civil statute of limitations gives personal injury victims 2 years to sue under Cal. Code Civ. Proc. 335.1, written contract disputes 4 years under CCP 337, fraud claims 3 years under CCP 338(d), and oral contracts 2 years. Filing after these deadlines permanently bars your claim.
Hurt in California? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free California personal injury settlement calculator. It gives an instant range based on your medical costs and California's fault rule (general information, not legal advice).
What Is a Statute of Limitations in California?
A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit or bring criminal charges. In California, these deadlines vary based on the type of case. Missing a filing deadline almost always results in losing the right to pursue that claim forever.
California statutes of limitations are found primarily in the Code of Civil Procedure (CCP) for civil cases and in the Penal Code for criminal cases. Understanding these time limits is essential for protecting your legal rights, whether you are filing a personal injury lawsuit, pursuing a contract dispute, or reporting a crime.
California Civil Statute of Limitations
California's civil statute of limitations sets deadlines for when lawsuits and other civil actions must be filed. These limits typically range from one to ten years, depending on the type of case. The clock usually starts ticking from the date an incident occurs or from the date the injury or harm is discovered (known as the "discovery rule").
If you fail to file your civil claim before the established deadline, the opposing party can raise the statute of limitations as a defense and file a motion to dismiss. Once a court dismisses a case on statute of limitations grounds, that legal claim is lost permanently.
Personal Injury and Wrongful Death
Under CCP 335.1, you have 2 years to file a lawsuit for assault, battery, personal injury, or wrongful death caused by another person's wrongful act or negligence. The clock starts from the date of injury or the date of death.
For wrongful death specifically, the 2-year period begins on the date of the victim's death, not the date of the act that caused the death.
Comprehensive Civil Filing Deadlines
The table below lists California's civil statutes of limitations by case type, along with the governing code section.
| Case Type | Time Limit | Code Section |
|---|---|---|
| Personal injury (assault, battery, negligence) | 2 years | CCP 335.1 |
| Wrongful death | 2 years | CCP 335.1 |
| False imprisonment | 1 year | CCP 340(c) |
| Libel and slander (defamation) | 1 year | CCP 340(c) |
| Fraud | 3 years | CCP 338(d) |
| Injury to personal property | 3 years | CCP 338(c) |
| Trespass or injury to real property | 3 years | CCP 338(b) |
| Breach of written contract | 4 years | CCP 337 |
| Breach of oral contract | 2 years | CCP 339 |
| Collection of debt on account | 4 years | CCP 337 |
| Collection of rents | 4 years | CCP 337.2 |
| Enforcement of judgments | 10 years | CCP 337.5 |
| Legal malpractice | 1 year from discovery (4-year max) | CCP 340.6 |
| Medical malpractice | 1 year from discovery (3-year max) | CCP 340.5 |
| Veterinary malpractice (injury/death of animal) | 1 year | CCP 340(c) |
| Product liability (personal injury) | 2 years | CCP 335.1 |
| Government tort claim filing deadline | 6 months | Gov. Code 911.2 |
| Equal pay violations (as of Jan. 1, 2026) | 3 years (up to 6 years recovery) | Lab. Code 1197.5 (SB 642) |
Professional Malpractice Details
California applies different rules depending on the type of professional involved.
Legal malpractice claims must be filed within 1 year from the date the client discovers (or should have discovered) the wrongful act, but no more than 4 years from the date of the alleged malpractice under CCP 340.6.
Medical malpractice claims must be filed within 1 year of the date the patient discovers (or should have discovered) the injury, with an absolute outer limit of 3 years from the date of the injury under CCP 340.5. For minors under the age of 6, the deadline extends to the child's 8th birthday or 3 years from the date of injury, whichever is longer.
Veterinary malpractice claims for the injury or death of an animal must be filed within 1 year under CCP 340(c).
Claims Against Government Entities
When a government entity is involved (state agencies, cities, counties, public schools, or public hospitals), a different process applies under the California Tort Claims Act (Government Code 810 et seq.).
You must first file a government tort claim within 6 months of the incident for personal injury, property damage, or wrongful death. The government entity then has 45 days to respond. If your claim is denied, you have 6 months from the denial to file a lawsuit in court. If the entity does not respond within 45 days, the claim is deemed denied, and you generally have 2 years from the date of the incident to file suit.
Failing to file the initial government claim on time is a common and costly mistake that can bar your case entirely.
California Criminal Statute of Limitations
California's criminal statute of limitations sets time limits on when prosecutors can file criminal charges. These deadlines are found in Penal Code sections 799 through 805.
No Time Limit (Penal Code 799)
California does not place any time limit on bringing charges for the following offenses:
- Murder (any degree)
- Any crime punishable by death or life in prison
- Embezzlement of public funds
- A closed list of serious sex offenses set out in Penal Code 799(b)(1), including specified violations of Penal Code 261 (rape), 264.1, 286, 287, 288, 288.5, and 289
The elimination of the statute of limitations for these offenses was enacted through SB 813 in 2016. Penal Code 799(b)(2) reaches two groups: crimes committed on or after January 1, 2017, and crimes for which the statute of limitations in effect before January 1, 2017 had not run as of January 1, 2017. So an older assault is not automatically time-barred, and a survivor of a pre-2017 assault should check whether the clock was still running on that date.
Penal Code 799(b)(1) lists specific code sections and subdivisions rather than the much broader catalogue of registrable offenses in Penal Code 290, so not every offense that requires sex offender registration is free of a time limit.
Felonies (Penal Code 800 and 801)
| Felony Type | Time Limit | Code Section |
|---|---|---|
| Felonies punishable by 8+ years in prison | 6 years | Pen. Code 800 |
| Other felonies punishable by state prison | 3 years | Pen. Code 801 |
| Felony sex crimes against a minor under 18 | Until victim turns 40 | Pen. Code 801.1(a) |
| Registrable sex offense under Pen. Code 290(c), when no longer period applies | 10 years from the offense | Pen. Code 801.1(b) |
| Registrable sex offense where DNA testing conclusively identifies the suspect | 1 year from that identification, if the statute's DNA analysis deadlines were met | Pen. Code 803(g) |
Penal Code 803(g) is narrower than it is often described. It applies only to offenses listed in Penal Code 290(c), not to felonies generally, and only if the biological evidence was analyzed for DNA type by January 1, 2004 for offenses committed before January 1, 2001, or within two years of the offense for offenses committed on or after January 1, 2001. It creates no 10-year period of its own. The 10-year figure comes from Penal Code 801.1(b), which applies when neither Penal Code 801.1(a) nor Penal Code 799(b) does.
Misdemeanors (Penal Code 802)
Most misdemeanor charges must be filed within 1 year of the commission of the offense. However, several exceptions apply:
- Misdemeanor violation of Penal Code 647.6 (or former 647a) committed against a minor under 14: 3 years
- Sexual exploitation by a physician or therapist: 2 years
- Certain misdemeanor sex offenses: 3 years
Tolling of Criminal Statutes
The criminal statute of limitations is paused (tolled) under certain conditions listed in Penal Code 803:
- If the accused is out of the state, the clock stops (maximum extension of 3 years)
- The statutory period begins once a crime is identified or should have been identified through reasonable diligence
- For certain fraud offenses, the limitations period does not begin until the fraud is (or reasonably should have been) discovered
Recent Legislative Changes (2025 and 2026)
AB 250: Sexual Assault Lookback Window (Effective January 1, 2026)
Assembly Bill 250 (Stats. 2025, Ch. 682), codified at Code of Civil Procedure 340.16(e), creates a two-year revival window from January 1, 2026 through December 31, 2027 for adult survivors of sexual assault to file civil lawsuits that were previously time-barred. Key details include:
- Applies to survivors who were 18 or older at the time of the assault
- Allows claims against individual perpetrators and private entities (employers, private schools, health care providers, religious organizations) that engaged in cover-ups
- Does not revive claims against public or government institutions
- Claims must be filed during the two-year window regardless of when the assault occurred
SB 642: Equal Pay Act Amendments (Effective January 1, 2026)
Senate Bill 642 significantly strengthens California's equal pay protections:
- Extends the statute of limitations for Equal Pay Act claims from 2 years to 3 years from the last discriminatory act
- Allows employees to recover damages for up to 6 years of violations
- Broadens protections to cover pay disparities based on sex (including non-binary genders), race, and ethnicity
- A cause of action accrues each time discriminatory wages are paid
Tolling Rules: When the Clock Stops
California law recognizes several situations where the statute of limitations is paused (tolled), giving plaintiffs additional time to file.
Minors (CCP 352)
If the injured person is under 18, the statute of limitations does not begin running until they turn 18. For example, a child injured at age 10 in a personal injury case would have until age 20 (their 18th birthday plus the 2-year personal injury deadline) to file suit.
Mental Incapacity (CCP 352)
If a person lacks the legal capacity to make decisions at the time the cause of action arises, the statute of limitations is tolled until the disability ends.
Defendant Out of State (CCP 351)
Under CCP 351, if the defendant is out of California when the cause of action accrues, the action may be commenced within the normal period after their return, and if the defendant departs the state after the cause of action accrues, the time of that absence is not counted toward the deadline. The statute turns on absence alone. It does not require concealment or a purpose of avoiding suit. How the section applies in a particular case can be contested, so confirm it with an attorney before relying on it.
Imprisonment (CCP 352.1)
For prisoners serving less than a life sentence, the statute of limitations is tolled during incarceration, but this tolling period cannot exceed 2 years.
Discovery Rule
For cases involving fraud, medical malpractice, and certain other claims, the statute of limitations does not start until the plaintiff discovers (or reasonably should have discovered) the injury. This is codified in various sections depending on the claim type. A scam victim suing a business under California's consumer protection statutes faces different deadlines than a common-law fraud claim; our guide to California scam and fraud laws compares them and lists where to report.
Tips for Protecting Your Legal Rights
Filing deadlines in California are strict, and courts rarely grant exceptions. Here are steps to protect yourself:
-
Identify your claim type. Different claims have different deadlines. A personal injury claim has a 2-year limit, while a written contract claim allows 4 years.
-
Note the accrual date. The statute of limitations usually starts from the date of the incident, the date of discovery, or (for wrongful death) the date of death.
-
Check for government involvement. If a government entity is involved, you must file a tort claim within 6 months before you can file a lawsuit.
-
Consider tolling rules. If the injured party was a minor, incapacitated, or if the defendant left the state, additional time may be available.
-
Consult an attorney promptly. An experienced California attorney can identify the correct filing deadline and ensure your claim is preserved.
State laws related to filing deadlines can change. While our goal is to provide the most current information available, please consider contacting a California attorney or conducting your own legal research to verify the laws that apply to your situation.
Additional Reading: How long is a life sentence in California?
More California Laws
- California Car Accident Laws
- California Dog Bite Laws
- California Expungement Laws
- California Slip and Fall Laws
- California Workers Compensation Laws
Frequently Asked Questions
What is the statute of limitations for personal injury in California?
California gives you 2 years from the date of injury to file a personal injury lawsuit under Code of Civil Procedure Section 335.1. This applies to claims for assault, battery, negligence, and other forms of bodily harm. If a government entity is responsible, you must first file a tort claim within 6 months.
Is there a statute of limitations on murder in California?
No. Under Penal Code Section 799, there is no statute of limitations for murder in California. Prosecutors can bring murder charges at any time, regardless of how many years have passed since the crime. The same applies to any crime punishable by death or life in prison and to embezzlement of public funds.
What happens if I miss the filing deadline in California?
If you miss the statute of limitations, the defendant can file a motion to dismiss your case. California courts will almost always grant the dismissal, and your claim will be permanently barred. There are very limited exceptions, such as tolling for minors or the discovery rule for fraud and malpractice cases.
Does the statute of limitations stop running if I am a minor in California?
Yes. Under CCP Section 352, if the injured person is under 18 years old, the statute of limitations is tolled (paused) until they turn 18. After their 18th birthday, the normal filing deadline for their type of claim begins. For example, a minor with a personal injury claim would have until age 20 to file suit.
What changed with California AB 250 in 2026?
AB 250, effective January 1, 2026, creates a two-year lookback window (through December 31, 2027) for adult survivors of sexual assault to file civil lawsuits that were previously time-barred. Claims can be brought against individual perpetrators and private entities that covered up allegations of sexual assault, but not against government institutions.
Updates
Corrected the criminal limitations table and text on DNA-identified offenses (Penal Code 803(g) gives one year from DNA identification for Section 290(c) offenses and sets DNA-analysis deadlines; the 10-year period comes from Penal Code 801.1(b)), narrowed the Penal Code 799 no-time-limit list to the offenses the statute actually names and added its second prong for pre-2017 crimes whose clock had not run, and rewrote the CCP 351 tolling rule, which depends on absence from the state rather than on concealment or intent to evade.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected California's misdemeanor-against-a-minor exception to specify it applies only to Penal Code 647.6/former 647a violations, not to every misdemeanor committed against a minor under 14 (Pen. Code 802(b)); fixed the personal-property-injury citation to CCP 338(c) only, since 338(b) governs real property.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Code of Civil Procedure
§ 335.1In forcecited in 7 of our articles
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 320 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):California courts have applied Section 335.1's two-year period. Aguilera v. Heiman (2009) held it did not operate retroactively to revive a personal injury claim already barred under former Section 340(3). Pugliese v. Superior Court (2007) applied it to bar assault and battery counts, counting each incident separately.
Opinions citing this section in our collection:
- Quiroz v. Seventh Avenue Center (California Court of Appeal 2006, 45 Cal. Rptr. 3d 222)“…in opposition to the motion that the then recently enacted Code of Civil Procedure section 335.1, which provides for a two-year—instead…”
- Pugliese v. Superior Court (California Court of Appeal 2007, 53 Cal. Rptr. 3d 681)✓A wife sued her husband over roughly 15 years of domestic abuse. The court held 335.1 runs separately from each incident, so her assault and battery counts, last alleged act in 2001, were barred, though her emotional distress count and her domestic violence claim were timely.
- Aguilera v. Heiman (California Court of Appeal 2009, 174 Cal. App. 4th 590)✓A gutter installer hurt by a high voltage wire in 1997 sued the property manager in 2007. The court held 335.1's two-year period, effective January 1, 2003, did not operate retroactively to revive a claim already barred under the former one-year statute, and affirmed dismissal.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Dog Bite Laws: Liability and Victim Rights, California Car Accident Laws: Fault, Insurance, and Your Claim, California Motorcycle Accident Laws (2026): Deadlines & Helmets
§ 337In forcecited in 2 of our articles
Within four years: (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. (b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that if an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 570 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Sun'n Sand, Inc. v. United California Bank (California Supreme Court 1978, 21 Cal. 3d 671)“…he theory of the action is an implied contractual warranty (Code Civ. Proc., § 337, subd. 1)—reflects a reasonable policy…”
- Bollinger v. National Fire Insurance (California Supreme Court 1944, 25 Cal. 2d 399)“…ars as in the case of actions on other written instruments (Code Civ. Proc., § 337). Originally the shortened limitation p…”
- Miller v. Bechtel Corp. (California Supreme Court 1983, 33 Cal. 3d 868)“…ng to the consideration of motions for summary judgment." Code of Civil Procedure sections 337, subdivision 3 and 338, subdivision 4 b…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Debt Collection Laws: Wage Garnishment, Statute of Limitations, and Repossession
§ 338In forcecited in 3 of our articles
Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. (b) An action for trespass upon or injury to real property. (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property. (2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party’s agent, or the law enforcement agency that originally investigated the theft.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 1,184 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Neel v. Magana, Olney, Levy, Cathcart & Gelfand (California Supreme Court 1971, 6 Cal. 3d 176)“…[9] three-year limitations govern damage to real property (Code Civ. Proc., § 338, subd. 2) or to tangible personal prope…”
- Murphy v. Kenneth Cole Productions, Inc. (California Supreme Court 2007, 40 Cal. 4th 1094)“…premium pay subject to a three-year statute of limitations (Code Civ. Proc., § 338) or a penalty subject to a one-year sta…”
- Wyatt v. Union Mortgage Co. (California Supreme Court 1979, 24 Cal. 3d 773)“…year period allowed for commencing actions based on fraud (Code Civ. Proc., § 338, subd. 4) had passed, the complaint hav…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
§ 339In forcecited in 2 of our articles
Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; 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 discovery of the loss or damage suffered by the aggrieved party thereunder. 2 An action against a sheriff or coroner upon a liability incurred by the doing of an act in an official capacity and in virtue of office, or by the omission of an official duty including the nonpayment of money collected in the enforcement of a judgment. 3 An action based upon the rescission of a contract not in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 473 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Neel v. Magana, Olney, Levy, Cathcart & Gelfand (California Supreme Court 1971, 6 Cal. 3d 176)“…t them grounded upon the two-year statute of limitations of Code of Civil Procedure section 339. That judgment rests upon the rule that…”
- Budd v. Nixen (California Supreme Court 1971, 6 Cal. 3d 195)“…intangible property, such as occurred in the present case, Code of Civil Procedure section 339 prescribes a two-year limitation period…”
- Love v. Fire Insurance Exchange (California Court of Appeal 1990, 221 Cal. App. 3d 1136)“…and is barred by the two-year statute of limitations under Code of Civil Procedure section 339, subdivision 1. ( Richardson v. Allst…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 340In forcecited in 3 of our articles
Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation. (b) An action upon a statute for a forfeiture or penalty to the people of this state. (c) An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement, or against any person who boards or feeds an animal or fowl or who engages in the practice of veterinary medicine as defined in Section 4826 of the Business and Professions Code, for that person’s neglect resulting in injury or death to an animal or fowl in the course of boarding or feeding the animal or fowl or in the course of the practice of veterinary medicine on that animal or fowl. (d) An action against an officer to recover damages for the seizure of any property for a statutory forfeiture to the state, or for the detention of, or injury to property so seized, or for damages done to any person in making that seizure.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 655 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Murphy v. Kenneth Cole Productions, Inc. (California Supreme Court 2007, 40 Cal. 4th 1094)“…or a penalty subject to a one-year statute of limitations (Code Civ. Proc., § 340); second, whether a trial court, conduc…”
- Sun'n Sand, Inc. v. United California Bank (California Supreme Court 1978, 21 Cal. 3d 671)“…ously enacted one-year statute of limitations prescribed in Code of Civil Procedure section 340, subdivision 3, for an action “by a dep…”
- Shively v. Bozanich (California Supreme Court 2003, 7 Cal. Rptr. 3d 576)“…tatute of limitations applicable to defamation claims. (See Code Civ. Proc., § 340, subd. (c).) 2 The trial c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Defamation Laws: Libel & Slander (2026), How to Sue for Defamation of Character (Step by Step)
§ 340.5In forcecited in 2 of our articles
In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant’s insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 268 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Sanchez v. South Hoover Hospital (California Supreme Court 1976, 18 Cal. 3d 93)“…c purpose or effect, in the person of the injured person." (Code Civ. Proc., § 340.5, as amended, italics added.) The amendm…”
- Nelson v. Gaunt (California Court of Appeal 1981, 125 Cal. App. 3d 593)“…on grounds of the one-year statute of limitations of former Code of Civil Procedure section 340.5. 3 As to the fraud *602 causes of act…”
- Brown v. Bleiberg (California Supreme Court 1982, 32 Cal. 3d 426)“…discovery doctrine culminated in the enactment in 1970 of Code of Civil Procedure section 340.5, which governs actions based on “profes…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in California (2026): Deadlines & Caps
§ 340.6In force
(a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. If the plaintiff is required to establish the plaintiff’s factual innocence for an underlying criminal charge as an element of the plaintiff’s claim, the action shall be commenced within two years after the plaintiff achieves postconviction exoneration in the form of a final judicial disposition of the criminal case. Except for a claim for which the plaintiff is required to establish the plaintiff’s factual innocence, the time for commencement of legal action shall not exceed four years except that the period shall be tolled during the time that any of the following exist: (1) The plaintiff has not sustained actual injury. (2) The attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 229 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Lee v. Hanley (California Supreme Court 2015, 61 Cal. 4th 1225)“…IGAN, J., Dissenting. — In nay view, the applicability of Code of Civil Procedure section 340.6 1 is largely resolved by the language…”
- Jordache Enterprises Inc. v. Brobeck (California Supreme Court 1998, 18 Cal. 4th 739)“…f the statute of limitations in a legal malpractice action [Code Civ. Proc., § 340.6, subd. (a)(1)] arose at the time of ent…”
- Laird v. Blacker (California Supreme Court 1992, 2 Cal. 4th 606)“…atute of limitations for attorney malpractice actions under Code of Civil Procedure section 340.6, subdivision (a) (all ftirther statutor…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 340.16In force
(a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (b) (1) As used in this section, “sexual assault” means any of the crimes described in Section 243.4, 261, 264.1, 286, 287, or 289, or former Sections 262 and 288a, of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- L.A. Unified School Dist. v. Super. Ct. (California Supreme Court 2023)“…rted that a recent amendment (Stats. 2022, ch. 442, § 3) to Code of Civil Procedure section 340.16, which prescribes the statute of limita…”
- Walters v. Warner CA2/7 (California Court of Appeal 2023)“…Manson,” which is an allusion to film star Marilyn 1 Code of Civil Procedure section 340.16, subdivision (a), establishes a 10-year…”
- Sarah (District Court, W.D. Washington 2026)“…ntiff 21 Sarah’s California civil claim under California Code of Civil Procedure § 340.16 against the 22…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 351In force
If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Epstein v. Frank (California Court of Appeal 1981, 125 Cal. App. 3d 111)“…against the limited partnership must be tolled, pursuant to Code of Civil Procedure section 351, for the period of time that the sole g…”
- Filet Menu, Inc. v. Cheng (California Court of Appeal 1999, 84 Cal. Rptr. 2d 384)“…ined the demurrer, reasoning that the tolling provisions of Code of Civil Procedure section 351, as applied to the facts alleged concer…”
- Mounts v. Uyeda (California Court of Appeal 1991, 227 Cal. App. 3d 111)“…on 340. Appellant opposed the motion on the basis of Code of Civil Procedure section 351, which tolls the statute of limitations…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 352In force
(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action. (b) This section shall not apply to an action against a public entity or public employee upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) or Chapter 2 (commencing with Section 910) of Part 3, or Chapter 3 (commencing with Section 950) of Part 4, of Division 3.6 of Title 1 of the Government Code. This subdivision shall not apply to any claim presented to a public entity prior to January 1, 1971.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 156 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- John R. v. Oakland Unified School District (California Supreme Court 1989, 48 Cal. 3d 438)“…o bring suit on a cause of action for personal injury. (See Code Civ. Proc., § 352, subd. (a).) This respite does not appl…”
- DeRose v. Carswell (California Court of Appeal 1987, 196 Cal. App. 3d 1011)“…s tolled until March 2, 1980, when DeRose became an adult. (Code Civ. Proc., § 352, subd. (a).) Thus, unless some exceptio…”
- Williams v. Los Angeles Metropolitan Transit Authority (California Supreme Court 1968, 68 Cal. 2d 599)“…minors expressly subject to the toll *611 ing provisions of Code of Civil Procedure section 352. If the Legislature in its wisdom belie…”
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§ 352.1In force
(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335), is, at the time the cause of action accrued, imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life, the time of that disability is not a part of the time limited for the commencement of the action, not to exceed two years. (b) This section does not apply to an action against a public entity or public employee upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) or Chapter 2 (commencing with Section 910) of Part 3, or Chapter 3 (commencing with Section 950) of Part 4, of Division 3.6 of Title 1 of the Government Code. This subdivision shall not apply to any claim presented to a public entity prior to January 1, 1971. (c) This section does not apply to an action, other than an action to recover damages or that portion of an action that is for the recovery of damages, relating to the conditions of confinement, including an action brought by that person pursuant to Section 1983 of Title 42 of the United States Code.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 116 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Alcott Rehabilitation Hospital v. Superior Court (California Court of Appeal 2001, 112 Cal. Rptr. 2d 807)“…thin three years, after the prisoner discovered his injury. Code of Civil Procedure section 352.1, subdivision (a) contained a tolling pr…”
- Brooks v. Mercy Hospital (California Court of Appeal 2016, 1 Cal. App. 5th 1)“…cause it failed to apply the tolling provision set forth at Code of Civil Procedure section 352.1,1 which grants a two-year tolling of th…”
- Austin v. Medicis (California Court of Appeal, 5th District 2018, 230 Cal. Rptr. 3d 528)“…is "imprisoned on a criminal charge" within the meaning of Code of Civil Procedure section 352.1 if he is serving a term of imprisonment…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
California Government Code
§ 911.2In forcecited in 4 of our articles
(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action. (b) For purposes of determining whether a claim was commenced within the period provided by law, the date the claim was presented to the Department of General Services is one of the following: (1) The date the claim is submitted with a twenty-five dollar ($25) filing fee. (2) If a fee waiver is granted, the date the claim was submitted with the affidavit requesting the fee waiver. (3) If a fee waiver is denied, the date the claim was submitted with the affidavit requesting the fee waiver, provided the filing fee is paid to the department within 10 calendar days of the mailing of the notice of the denial of the fee waiver.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 424 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Superior Court (California Supreme Court 2004, 32 Cal. 4th 1234)“…th our decision here. Plaintiff’s reliance on language in Government Code section 911.2 stating that the claim must be filed wi…”
- Shirk v. Vista Unified School District (California Supreme Court 2007, 64 Cal. Rptr. 3d 210)“…laintiff’s obligation under the claim presentation statute (Gov. Code, §911.2, subd. (a)) was to present her claim “n…”
- John R. v. Oakland Unified School District (California Supreme Court 1989, 48 Cal. 3d 438)“…able estoppel so as to avoid the claim-filing periods under Government Code sections 911.2 and 911.4, subdivision (b). A. Equit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Slip and Fall Laws: Proving Premises Liability, California Wrongful Death Laws (2026): Deadlines & Who Can Sue
California Penal Code
§ 799In force
(a) Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time. (b) (1) Prosecution for a felony offense described in paragraph (1), (2), (3), (4), (6), or (7) of subdivision (a) of Section 261, paragraph (1), (2), (3), (4), or (5) of subdivision (a) of former Section 262, Section 264.1, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 286, paragraph (2) or (3) of subdivision (c) of, or subdivision (d), (f), (g), (i), or (k) of, Section 287 or former Section 288a, subdivision (a) of Section 288 involving substantial sexual conduct as defined in subdivision (b) of Section 1203.066, subdivision (b) of Section 288, Section 288.5, or subdivision (a), (b), (d), (e), or (g) of Section 289 may be commenced at any time. (2) This subdivision applies to crimes that were committed on or after January 1, 2017, and to crimes for which the statute of limitations that was in effect prior to January 1, 2017, has not run as of January 1, 2017.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 38 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Superior Court (Jennings) (California Court of Appeal 1986, 183 Cal. App. 3d 636)“…more general statute of limitations for murder set forth in Penal Code section 799. Conclusion We are persua…”
- People v. Dalton (California Supreme Court 2019, 247 Cal. Rptr. 3d 273)“…ver here. The relevant limitation periods here are found in Penal Code sections 799−801. These sections were repealed and r…”
- Jaffe v. Stone (California Supreme Court 1941, 18 Cal. 2d 146)“…itation, and the prosecution is never barred. (Pen. Code, sec. 799.) Consider, then, the effect of this do…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 800In force
Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more or by imprisonment pursuant to subdivision (h) of Section 1170 for eight years or more shall be commenced within six years after commission of the offense.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 99 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hawkins v. Superior Court (California Supreme Court 1978, 22 Cal. 3d 584)“…ll the statute of limitations when the defendant is absent (Pen. Code, §§ 800, 803); (10) protect the defendant from…”
- People v. Zamora (California Supreme Court 1976, 18 Cal. 3d 538)“…e counts, the applicable three-year statute of limitations (Pen. Code, § 800), in my view, commenced to mn when the…”
- People v. Diedrich (California Supreme Court 1982, 31 Cal. 3d 263)“…three-year statute of limitations applicable to conspiracy (Pen. Code, § 800, subd. (a)) 16 barred coun…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 801In force
Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Gustavo M. (California Court of Appeal 1989, 214 Cal. App. 3d 1485)“…an adult, the three-year statute of limitations provided by Penal Code section 801 should apply. We agree that Pena…”
- People v. Superior Court (Ongley) (California Court of Appeal 1987, 195 Cal. App. 3d 165)“…tended that the three-year limitations period for felonies (Pen. Code, § 801) should control all “wobbler” prosecuti…”
- People v. Shetty (California Court of Appeal 2009, 174 Cal. App. 4th 1488)“…ense was barred by the three-year statute of limitations in Penal Code section 801. We disagree. On May 21, 2007, a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 801.1In force
(a) (1) Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 287, 288, 288.5, or 289, or former Section 288a, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim’s 40th birthday. (2) Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015. (3) If the requirements in paragraph (1) are not met, the prosecuting agency may nevertheless provide victim assistance to the person, including support with pursuing restorative justice. (b) Notwithstanding any other limitation of time described in this chapter, if either subdivision (a) of this section or subdivision (b) of Section 799 does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Birotte v. Superior Court (California Court of Appeal 2009, 177 Cal. App. 4th 559)“…limitations for the crimes charged is ordinarily 10 years. (Pen. Code, § 801.1, subd. (b).) [1] However, section 803,…”
- People v. Hernandez (California Court of Appeal 2011, 200 Cal. App. 4th 953)“…has expired.” (§ 803, subd. (f)(2)(A).) In pertinent part, Penal Code section 801.1 (section 801.1), subdivision (a), provi…”
- People v. Jenkins CA4/1 (California Court of Appeal 2025)“…O., Jenkins admitted mistreating J.O. 3 Pursuant to Penal Code sections 801.1, subdivision (a), and 803, subdivision…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 802In force
(a) Except as provided in subdivision (b), (c), (d), or (e), prosecution for an offense not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within one year after commission of the offense. (b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under 14 years of age shall be commenced within three years after commission of the offense. (c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years after commission of the offense. (d) Prosecution of a misdemeanor violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall be commenced as follows: (1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code, within one year of the commission of the offense.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 30 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Steen v. Appellate Division, Superior Court (California Supreme Court 2014, 59 Cal. 4th 1045)“…a prosecution for purposes of the statute of limitations. (Pen. Code, § 802, subd. (a).) We conclude petitioner i…”
- In Re Demillo (California Supreme Court 1975, 14 Cal. 3d 598)“…the state for a sufficient period to toll the statute under Penal Code section 802. [Citations.]” (People v.…”
- People v. Chardon (California Court of Appeal 1999, 91 Cal. Rptr. 2d 438)“…nced within one year after the commission of the offense.” (Pen. Code, § 802, subd. (a).) “No time during which pros…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 803In force
(a) Except as provided in this section, a limitation of time prescribed in this chapter is not tolled or extended for any reason. (b) The time during which prosecution of the same person for the same conduct is pending in a court of this state is not a part of a limitation of time prescribed in this chapter. (c) A limitation of time prescribed in this chapter does not commence to run until the discovery of an offense described in this subdivision. This subdivision applies to an offense punishable by imprisonment in the state prison or imprisonment pursuant to subdivision (h) of Section 1170, a material element of which is fraud or breach of a fiduciary obligation, the commission of the crimes of theft or embezzlement upon an elder or dependent adult, or the basis of which is misconduct in office by a public officer, employee, or appointee, including, but not limited to, the following offenses: (1) Grand theft of any type, forgery, falsification of public records, or acceptance of, or asking, receiving, or agreeing to receive, a bribe, by a public official or a public employee, including, but not limited to, a violation of Section 68, 86, or 93.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 88 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Bell (California Court of Appeal 1996, 45 Cal. App. 4th 1030)“…5, subdivision (a), is subject to the tolling provisions of Penal Code section 803, subdivision (c). That section states w…”
- People v. Castillo (California Court of Appeal 2008, 168 Cal. App. 4th 364)“…d within six years after commission of the offense.” Penal Code section 803 extends the limitations period for spec…”
- People v. Hernandez (California Court of Appeal 2011, 200 Cal. App. 4th 953)“…hat clearly and convincingly corroborated the allegations. (Pen. Code, § 803, subd. (f>.) The information also alleg…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
California Labor Code
§ 1197.5In forcecited in 2 of our articles
(a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 77 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Serri v. Santa Clara University (California Court of Appeal 2014, 226 Cal. App. 4th 830)“…tious discharge, violation of the California Equal Pay Act (Lab. Code, § 1197.5), breach of an implied contract of cont…”
- Jones v. Tracy School District (California Supreme Court 1980, 27 Cal. 3d 99)“…113 was rejected, and suit was filed on July 8, 1975, under Labor Code section 1197.5. 1 The trial court found that respon…”
- Ramos v. Superior Court of San Francisco Cnty. (California Court of Appeal, 5th District 2018, 239 Cal. Rptr. 3d 679)“…ion, retaliation, violation of California's Equal Pay Act ( Lab. Code, § 1197.5 ), and wrongful termination in violatio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wrongful Termination in California (2026): Laws, Deadlines, How to File
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Sources and References
- California Code of Civil Procedure, Chapter 3: Time of Commencing Actions(leginfo.legislature.ca.gov).gov
- California Penal Code, Chapter 2: Time of Commencing Criminal Actions (Sections 799-805)(leginfo.legislature.ca.gov).gov
- CCP Section 335.1: Personal Injury and Wrongful Death (2-Year Limitation)(leginfo.legislature.ca.gov).gov
- CCP Section 337: Written Contracts (4-Year Limitation)(leginfo.legislature.ca.gov).gov
- CCP Section 338: Fraud, Property Damage, and Trespass (3-Year Limitation)(leginfo.legislature.ca.gov).gov
- Penal Code Section 799: No Limitation for Murder, Life Imprisonment Offenses(leginfo.legislature.ca.gov).gov
- Penal Code Section 802: Misdemeanor Statute of Limitations (1 Year)(leginfo.legislature.ca.gov).gov
- AB 250: Sexual Assault Statute of Limitations Revival Window (2026-2027)(leginfo.legislature.ca.gov).gov
- New in 2026: California Laws Taking Effect in the New Year (Governor's Office)(gov.ca.gov).gov
- Deadlines to Sue Someone (California Courts Self Help Guide)(selfhelp.courts.ca.gov).gov
- New Law Reopens Statute of Limitations for Sex Assault Suits (California Courts Newsroom)(newsroom.courts.ca.gov).gov
- CCP Section 340.16: Adult Sexual Assault Limitations and Revival Windows (subdivision (e) added by AB 250)(leginfo.legislature.ca.gov)
- Penal Code Section 803: Tolling and Extension of the Criminal Limitations Period, including 803(g) DNA Identification(leginfo.legislature.ca.gov)
- Penal Code Section 801.1: Sex Offenses Against Minors (40th Birthday) and the 10-Year Period for Section 290(c) Offenses(leginfo.legislature.ca.gov)
- CCP Section 351: Tolling While the Defendant Is Absent From the State(leginfo.legislature.ca.gov)