California Statute of Limitations: Time Limits by Case Type
California imposes strict filing deadlines on civil and criminal legal actions, known as statutes of limitations, that vary significantly depending on the type of claim or offense involved. Missing these deadlines typically results in permanent loss of the right to pursue a claim, regardless of its merits. This page covers the major time limits established under California law, the mechanisms that start and pause these clocks, and the boundary conditions that affect whether a deadline has actually expired. Understanding these rules is foundational to navigating California civil procedure basics and the broader California legal system.
Definition and scope
A statute of limitations is a legislatively enacted deadline by which a lawsuit must be filed or a criminal charge must be brought. In California, these limits are codified primarily in the California Code of Civil Procedure (CCP), with criminal limitations found in the California Penal Code (PC). The California Legislature sets these deadlines, and the California Judicial Council publishes procedural rules governing how courts enforce them under the California Rules of Court.
The function of these statutes is threefold: preserving evidence quality, protecting defendants from indefinitely stale claims, and promoting judicial efficiency. Statutes of limitations apply differently to civil actions (disputes between private parties or against government entities), criminal prosecutions (brought by the state), and administrative proceedings (handled by state agencies such as the California Department of Fair Employment and Housing, now operating as the Civil Rights Department).
Scope boundary: This page addresses limitations periods established under California state law, including the California Code of Civil Procedure and Penal Code. It does not cover federal statutes of limitations applicable in federal courts sitting in California, tribal court filing deadlines, or administrative exhaustion timelines under federal agencies such as the EEOC. For context on the dual court structure, see how the California and U.S. legal system works.
How it works
A limitations period begins to run when the cause of action "accrues." Under CCP § 312, accrual generally occurs when all elements of the claim exist and the plaintiff has suffered a legally cognizable injury. California courts also apply the discovery rule, under which the clock begins when the plaintiff discovered — or reasonably should have discovered — the injury and its cause.
The following numbered breakdown describes the operational phases of a statute of limitations:
- Accrual — The clock starts when the injury occurs or is discovered under the discovery rule (CCP § 340.1 explicitly codifies discovery accrual for childhood sexual abuse claims, for example).
- Tolling — The running of the clock is paused by specific legal conditions. California recognizes tolling for minority (the plaintiff is under age 18), legal incapacity, fraudulent concealment by the defendant, and the absence of the defendant from California (CCP § 351).
- Filing — A complaint must be filed in the appropriate California Superior Court before the limitations period expires. Filing, not service, stops the clock.
- Judicial challenge — A defendant may raise the statute of limitations as an affirmative defense via demurrer or answer, governed by California Rules of Court and CCP § 430.10.
- Determination — The court decides as a matter of law whether the action was timely filed, often at the demurrer or summary judgment stage.
Key terminology used throughout this framework is defined in the California legal system terminology and definitions reference.
Common scenarios
The table below summarizes major California civil and criminal limitations periods. All citations reference the California Code of Civil Procedure or Penal Code unless otherwise noted.
Civil limitations periods:
| Claim Type | Limitations Period | Statutory Authority |
|---|---|---|
| Personal injury (general) | 2 years | CCP § 335.1 |
| Medical malpractice | 3 years from injury, or 1 year from discovery (whichever is earlier) | CCP § 340.5 |
| Written contract breach | 4 years | CCP § 337 |
| Oral contract breach | 2 years | CCP § 339 |
| Property damage | 3 years | CCP § 338 |
| Fraud or mistake | 3 years from discovery | CCP § 338(d) |
| Defamation (libel/slander) | 1 year | CCP § 340(c) |
| Childhood sexual abuse | Victim's 40th birthday, or 5 years from discovery | CCP § 340.1 |
| Government entity claims | 6 months to file government tort claim; then 6 months after rejection to file suit | Government Code § 945.6 |
Criminal limitations periods (California Penal Code):
| Offense Category | Limitations Period | Statutory Authority |
|---|---|---|
| Murder, embezzlement of public funds | None (no limitation) | PC § 799 |
| Felony punishable by 8+ years imprisonment | 6 years | PC § 800 |
| Other felonies | 3 years | PC § 801 |
| Misdemeanors | 1 year | PC § 802 |
| Certain sex offenses against minors | 10 years, or until victim turns 40 | PC § 801.1 |
Government tort claims filed against California state or local agencies must first pass through the Government Claims Program administered by the California Department of General Services. Failure to file a timely government tort claim extinguishes the right to sue regardless of the underlying merits (Government Code § 945.4).
For employment discrimination claims, the Civil Rights Department (formerly DFEH) requires a complaint within 3 years of the alleged violation under the California Fair Employment and Housing Act (Government Code § 12960).
The regulatory context for the California legal system provides additional background on how agency deadlines interact with judicial limitations periods.
Decision boundaries
Determining whether a statute of limitations has run requires precision on several threshold questions. The following contrasts illustrate critical decision points:
Discovery rule vs. accrual rule: Under the standard accrual rule, a 2-year personal injury claim begins when the injury occurs. Under the discovery rule, it begins when a plaintiff knew or should have known of the injury. California applies the discovery rule by default in fraud, latent injury, and certain professional malpractice contexts, but not to all claims — making the characterization of a claim type essential before calculating any deadline.
Tolling for minors vs. adult plaintiffs: CCP § 352 tolls the statute of limitations for plaintiffs under age 18 until they reach majority, at which point the full limitations period begins to run. An adult plaintiff in identical circumstances receives no such extension. This distinction is particularly consequential in childhood injury and sexual abuse litigation under CCP § 340.1.
Civil vs. criminal treatment of the same act: A single act — such as assault — may give rise to both a criminal prosecution (1-year misdemeanor limitation, or 3-year felony limitation under PC § 801) and a civil personal injury claim (2-year limitation under CCP § 335.1). These clocks run independently. A criminal acquittal does not reset or extend the civil limitations period. For a structured comparison of civil and criminal procedures, see California civil vs. criminal law distinctions.
Government defendants vs. private defendants: Claims against public entities require compliance with the Government Claims Act (Government Code § 810 et seq.) before suit can be filed. The 6-month presentation deadline to the government agency is a prerequisite — not merely a parallel track — and missing it bars the subsequent lawsuit. Private defendants face no such pre-litigation claim requirement.
Fraudulent concealment: Under CCP § 338(d) and established California case law, a defendant who actively conceals the existence of a claim cannot benefit from the limitations period that ran during the concealment. The clock restarts upon discovery. This doctrine does not apply where the plaintiff had constructive notice through publicly available information.
For the authoritative list of filing deadlines cross-referenced to specific court procedures, the California statute of limitations reference provides additional case-type classifications. The full framework of enforcement mechanisms that courts apply when deadlines expire is addressed in California legal system enforcement mechanisms.
References
- California Code of Civil Procedure — California Legislative Information
- California Penal Code — California Legislative Information
- California Government Code § 945.4 (Government Claims Act)
- California Government Code § 12960 (Fair Employment and Housing Act)
- California Rules of Court — California Courts
- [California Department of General Services — Government Claims Program](https://www.dgs.ca.gov/