California Statutes of Limitation for Civil Claims

scales-of-justiceThe statute of limitations is the legal deadline by which a lawsuit must be filed.  If the person claiming damages from a civil claim such as negligence or other wrongdoing fails to file a claim in court by the deadline, they may lose any legal right to recovery.  Here is a summary of these legal time limits for various types of personal injury and other claims:

Civil Statutes of Limitations
SUBJECT/TOPIC CODE SECTION TIME LIMIT
Use this reference as a quick guide to selected California time limits in effect when this directory was published. All referenced code
sections should be read in their entirety as this summation excludes details that could be critical under dual cases.
They are available at www.leginfo.ca.gov  (CCP stands for California Code of Civil Procedure)

Actions not otherwise provided for CCP 343 4 years
Adverse possession CCP 318 5 years
Arbitration awards: correction CCP 1288 100 days
Arbitration awards: confirmation CCP 1288 4 years
Asbestos exposure CCP 340.2 1 year
Assault CCP 335.1 2 years
Battery CCP 335.1 2 years
Book account or account stated CCP 337 4 years
Child Abuse CCP 340.1 3 years
after discovering psychological illness, or 8 years
after the age of majority
Contract, oral – rescission CCP 339 2 years
Contract, written – rescission CCP 337 4 years
Discriminatory wages Labor C. 1197.5(h) 2 years
for willful violation 3 years
Domestic Violence CCP 340.15 3 years
False imprisonment CCP 340 (c) 1 year
Forfeiture or statutory penalty CCP 340 (b) 1 year
Payment of forged or raised checks CCP 340 (c) 1 year
Relief for fraud or mistake CCP 338 (d) 3 years
Hazardous waste CCP 338.1 5 years
Insanity, effect on damages action CCP 352
With exceptions, time of insanity does not
count against limitations period.
Breach oral lease of real property CCP 339.5 2 years
Breach of written lease of real property CCP 337.2 4 years
Legal malpractice CCP 340.6 1 year
from the actual or attributed discovery of
the malpractice, or whichever is sooner. 4 years
Libel, slander CCP 340 (c) 1 year
Nullify marriage Family Code 2211 4 years
in most cases
Mechanic’s lien Civil Code 3144(a) 90 days
Medical malpractice CCP 340.5 1 year
or 3 years
Minority (i.e., pre-adulthood), effect on damages action
With exceptions, time of minority does not count against
limitations period.
Notary public, misfeasance, malfeasance CCP 338 (f) 3 years
or 1 year
from discovery; cut off of 6 years
Notary public, notarial act CCP 338 (f) 3 years
Personal injury, general CCP 335.1 2 years
Personal injury, from patent deficiency in construction or improvement CCP 337.1 4 years
Taking of Personal property CCP 338 3 years
Public official, bond (Bond of public official) CCP 338 3 years
Real property (latent deficiency in construction) CCP 337.15 10 years
Real property (trespass or injury) CCP 338 (b) 3 years
Statutory liability (other than penalty or forfeiture) CCP 338 (a) 3 years
Special Tax levy on a parcel CCP 338 (m) 3 years
Tax refund Rev. & Tax. C. 6933 90 days
Theft of art or artifact CCP 338 (c) 3 years
Title insurance policy, abstract of title CCP 339 2 years
Will contest (after admission to Probate) Prob. C. 8270 (a) 120 days
Workers’ compensation, medical disability Labor C. 5405 1 years
Workers’ compensation, death benefits Labor C. 5406 1 years
Wrongful death CCP 340 1 years
Wrongful death from patent deficiency in construction CCP 337.1 (3) 4 years

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