1. Statute of Limitations-California Law
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STATUTE OF LIMITATIONS - CALIFORNIA LAW
The State of California imposes time deadlines to take legal action. Such deadlines are called “statute of limitations.”
Under California law, you must fully settle your claim or file a court lawsuit within a certain time period. If you do
not, you forever lose your right to recover any money or damages against the liable person, business or entity.
Acronym Definitions:
"SOL" means "statute of limitations."
"CCP" means California "Code of Civil Procedure."
STATUTE OF LIMITATIONS OF COMMON CLAIMS
Examples of general California statute of limitations related to common legal claims (Listed Alphabetically):
Type of Legal Claim: General Limitation Time Period: California
Code
Section:
Assault and/or Battery 2 years CCP §335.1
Contracts (verbal /
oral)
2 years from date contract was breached (broken) CCP
§339(1)
Contracts (written) 4 years from date contract was breached (broken) CCP
§337(1)
Contract (book
account, account
stated, balance due
account)
4 years CCP
§337(2)
Contracts (rescission
of verbal / oral
contract)
2 years CCP
§339(3)
Contracts (rescission
of written contract)
4 years CCP
§337(3)
Contracts (promissory
note)
6 years from due date (or, if payable on demand, then 6
years from demand date)
Commercial
Code
§3118(a) -
(b)
Contracts
(Dishonored draft, bad
check)
3 years from dishonor date or 10 years after date of draft,
whichever occurs first
Commercial
Code
§3118(c)
Defamation, Libel,
Slander
1 year CCP
§340(c)

2. Slander
Employment -
Employee claims
Generally 1 year for wrongful termination, employment
discrimination, harassment, retaliation, denial of medical
leave, denial of accommodations, and pregnancy leave. A
180 day limit applies to E.E.O.C. filings. Other types of claims
may have other deadlines.
Various
Fraud, deceit, or
mistake
3 years from date of discovery CCP
§338(d)
Government (Public
Entity) - Claim against
government
defendant - Shorter
Deadlines!
File pre-lawsuit claim with entity within 6 months for an injury
or personal property damage claim, or 1 year after accrual for
a contract or real estate damage claim.
Then SOL time period is 6 months after written denial of claim by entity or
2 years from accrual if no written denial is made.
Government
Code
§911.30
CCP §342;
Government
Code
§911.2(a)
and
§945.6(a)
Lawyer professional
malpractice or
negligence
See article: Legal
Malpractice Statute of
Limitations
1 year from date discovery or 4 years from wrongdoing,
whichever occurs first (except for actual fraud)
CCP §340.6
Medical malpractice or
negligence (healthcare
providers including for
example chiropractor,
dentist, etc.)
See further S.O.L.
discussion at: Medical
Malpractice claims
1 year from date discovery or 3 years from injury, whichever
occurs first
CCP §340.5
No specific limitation
specified (catch-all)
4 years from date of "accrual" of cause of action CCP §343
Personal injury or
death caused by
negligence or
wrongful act
(Examples:
automobile accident,
products liability, slip or
trip and fall on private
property, dog bite, etc.)
2 years (typically after date of occurrence or date of death) CCP §335.1
Property damage 3 years CCP
§338(c)
Theft or Conversion,
taking personal
3 years CCP
§338(c)

3. property
Statutes of limitations, and the court rules and cases that interpret and apply them, are
complicated. Exceptions that lengthen or shorten the time deadlines may apply to your claim. For
example, the statute of limitations deadline time period may, in many cases, be suspended, and,
thus, extended during the time that:
(a) Defendant is absent from state of California [CCP §351];
(b) Child remains a minor (i.e., under 18 years of age) [CCP §352];
(c) Plaintiff is Insane / incompetent [CCP §352];
(d) Plaintiff is Imprisoned [CCP §352.1];
(e) Plaintiff is absent during times of war [CCP §354]; and/or
(f) Numerous others.
A statute of limitation ("SOL") period also may be waived, tolled, suspended or extended by a
signed agreement.
The SOLmay also be "equitably tolled" when, for example, the defendant’s conduct contributed to
the plaintiff’s delay in filing suit.
See more details in the article:
Exceptions to Statute of Limitations
Even if you believe that the statute of limitation deadline might have passed, still seek legal consultation to determine
if any of the time-extending exceptions or rules to the statue of limitations apply to your case.
Government Entity Defendants - Shorter Deadlines! Before you can sue a government entity, you must
send a prelawsuit written claim to the entity, called a "Government Code Section 911.30 claim." A
911.30 claim for personal injury or personal property damage must, in most cases, be sent to the
government entity within six months.A 911.30 claim for breach of contract or injury to real property
must, in most cases, be sent within one year. If the entity rejects the claim (which, in most cases, is
rejected), you must usually file a court action (lawsuit) within six months of the rejection or you'll
lose your right to sue. Note: This rule may not apply to certain actions based on "federal law."
Minor Children: In many types of claims, a minor child has, depending on the type of claim, a certain amount of time
after their eighteenth birthday to file a lawsuit. Notable exceptions to this particular tolling (permitting a longer time
period) rule include, but are not limited to, medical malpractice, uninsured motorist claims and government claims.
Warning: Statute of limitation laws and their application are complex. While certain factors may extend the general time
deadline, other factors may shorten the time.
In order to identify which statute of limitations applies often requires a comprehensive review of
your potential claim or case.
Factors to Evaluating the Statute of Limitations:
1. Where did the harm occur? Each state has its own statute of limitations laws.
2. What, if any, legal right was violated? Different types of harm have different and potentially
various statute of limitations.

4. 3. Who suffered injuries, damages, or harm? Different classes of people have different or special
statute of limitations periods. Examples: Minor children (under 18 years old); Mentally incompetent;
Incarcerated prisoners; etc.)
4. Who caused the injury, damage or harm? For example, claim against a governmental agency or
employees normally have a shorter period than harm caused by a private party.
5.Are there other factors which affect the time limit to file a lawsuit? Delayed discovery of the
harm or wrongdoing, out of state travel, contractual provisions, a bankruptcy filing, death of a
plaintiff or defendant, and other factors may, in certain cases, effect the length of the statute of
limitations.
Examples:
Example #1:
A person may miss a deadline for bringing a breach of oral contract claim (2 year limitations statute)
but still might be able to pursue a cause of action for fraud (with a longer 3 year limitations
deadline) in certain cases with certain facts.
Example #2:
A person might miss out on a government claim under California state law due running of the
statute of limitations but still might have time to present a similar action under federal law which
may have a longer statute of limitations. Of course, a person who seeks legal representation early
often has the advantage of choosing one or both causes of action without being limited due to
the statute of limitations running on one or more claims.
Because statute of limitations laws can be extremely complex, you ought to immediately contact
attorney at law, Matthew Tozer for a consultation.
NOTES:
Sometimes, but not other times, the statute of limitations begins to run on the same date that an action "accrues."
Traditionally, statutes of limitation begin to run "upon the occurrence of the last element essential to the cause of
action." Neel v. Magana, Olney, Levy, Cathcart, & Gelfand (1971) 6 Cal.3d 176. Thus the date of accrual is the date when
the last element occurs. But many statutes of limitations have a "delayed discovery rule" whereby "...a plaintiff need
not file a cause of action before he or she has reason at least to suspect a factual basis for its elements." Grisham v.
Phillip Morris U.S.A. (2007) 40 Cal.4th 623, i.e. the statute of limitations begins to run after the date of accrual.
Statutes of limitations can also be tolled (suspended, extended) by a number of events, some of which are described
earlier in this article.
One infrequent type of SOL, called a "statute of repose," which "begins when a specific event occurs, regardless of
whether the cause of action has accrued. It cuts off a right of action even if the plaintiff lacks notice of the claim."
Crossman v. Daimler Chrysler Corp. (2003) 108 Cal.App.4th 370. Example: California Code of Civil Procedure Section
337.15.
Disclaimer: The information provided in this article is informational, only. The subject matter and applicable law is
evolving and/or constant state of change. No legal advice is given and no attorney/client or other relationship is
established or intended. The information provided is from general sources, and I cannot represent, guarantee or
warrant that the information contained in this website is accurate, current, or is appropriate for the usage of any reader.
It is recommend that readers of this information consult with their own counsel prior to relying on any information on this
website.
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