California Statute of Limitations: Filing Deadlines by Case Type

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(b), (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
• Certain sex offenses (including rape, sexual abuse of a child, and other offenses listed in Penal Code 290) committed on or after January 1, 2017

The elimination of the statute of limitations for many sex offenses was enacted through SB 813 in 2016, which removed time limits on prosecution for rape, sodomy, lewd acts against a minor, continuous sexual abuse of a child, and other serious sexual offenses committed on or after January 1, 2017.

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
Felony identified through DNA evidence	10 years (or 1 year from DNA identification, whichever is later)	Pen. Code 803(g)

Misdemeanors (Penal Code 802)

Most misdemeanor charges must be filed within 1 year of the commission of the offense. However, several exceptions apply:

• Misdemeanors 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 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)

If the defendant leaves California or conceals their whereabouts to avoid being sued, the statute of limitations is paused during their absence.

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.

Tips for Protecting Your Legal Rights

Filing deadlines in California are strict, and courts rarely grant exceptions. Here are steps to protect yourself:

1. 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.

2. 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.

3. 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.

4. Consider tolling rules. If the injured party was a minor, incapacitated, or if the defendant left the state, additional time may be available.

5. 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?

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