California Statute of Limitations, or Time Limits
A statute of limitations is a law that sets the time limit for when an action must be brought to court. The public policy behind such statutes is to allow a defendant some protection from a plaintiff who is sitting on his or her rights and waits too long before filing a lawsuit.
The reason for such a policy is that it becomes increasingly more difficult to defend against an issue when there is a long lapse of time between the time of the events and the time of the actual trial. It is part of human nature that people will forget as time goes by. Also, it becomes difficult to locate evidence or witnesses. Some witnesses even die before they get the opportunity to testify.
The length of the statute is going to depend on the type of lawsuit. Generally, the law is divided into two very broad categories: criminal law and civil law. For criminal prosecutions, the district attorney of each county in California would be responsible for bringing criminal prosecutions before the expiration of the appropriate criminal statute of limitations.
For the California statute of limitations for civil actions, there are different time limits based on the type of wrong done to the plaintiff. For example, the statute of limitations for a breach of contract depends on if the contract was written or whether it was an oral contract. Here are some of the major time limits for civil actions in California:
| Injury to Person | Personal injury: 2 yrs. Civil Procedure Section 335.1; False imprisonment: 1 yr. Civil Procedure Section 340 subdivision (c) |
| Libel/Slander | 1 yr. Civil Procedure Section 340, subdivision (c) |
| Fraud | 3 yrs. Civil Procedure Section 338, subdivision (d) |
| Injury to Personal Property | 3 yrs. Civil Procedure Section 338, subdivisions (b) and (c) |
| Professional Malpractice | Legal: 1 yr. from discovery, max. of 4 yrs. from the wrong Civil Procedure Section 340.6; Medical: 1 yr. from discovery, 3 yrs. if injury known Civil Procedure Section 340.5; Vet.: 1 yr. for injury or death of animal Civil Procedure Section 340(c) |
| Trespass | 3 yrs. Civil Procedure Section 338(b) |
| Collection of Rents | 4 yrs. Civil Procedure Section 337.2 |
| Contracts | Written: 4 yrs. Civil Procedure Section 337; Oral: 2 yrs. Civil Procedure Section 339 |
| Collection of Debt on Account | 4 yrs. (book and stated accounts) Civil Procedure Section 337 |
| Judgments | 10 yrs. Civil Procedure Section 337.5 |
The laws change constantly, so it is best to consult with your attorney to verify the correct statute of limitation. The penalty to the plaintiff is an absolute bar from bringing your lawsuit. This is a serious penalty, losing the right to sue, so you must be careful that you bring your actions in a timely fashion.
There may be circumstances when the statute of limitations is extended — this is called tolling the statute of limitations. For example, in certain fraud cases, the statute of limitations may not start until you actually discover the fraud.
To read the actual California statutes, go to our California Law page or click here to go directly to the California Civil Code .