California Statute of Limitations (2026)

Official Statute

Cal. Civ. Proc. Code § 335.1

Clock Starts

Date of injury

Key Exceptions

• Gov entities: Gov't Tort Claims Act — 6 months to file claim with agency
• Minors: tolled until age 18, then 2 years
• Delayed discovery rule may apply

Notes

California's 2-year period was extended from 1 year in 2003. Government claims require a separate administrative claim first.

Official Statute

Cal. Civ. Proc. Code § 340.5

Clock Starts

Date of injury or discovery (whichever is earlier)

Key Exceptions

• 3-year repose cap from date of injury
• Minors under 6: until age 8 or 3 years from act, whichever is longer

Notes

California uses both a discovery-based rule and a hard repose cap. The 3-year period from injury is a maximum regardless of discovery.

Official Statute

Cal. Civ. Proc. Code § 337

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Four years for written contracts. The UCC may provide different periods for sales of goods.

Official Statute

Cal. Civ. Proc. Code § 339

Clock Starts

Date of breach

Key Exceptions

No major exceptions noted.

Notes

Two years for oral contracts — significantly shorter than written contracts.

Official Statute

Cal. Civ. Proc. Code § 340(c)

Clock Starts

Date of publication

Key Exceptions

• Single publication rule applies

Notes

California's 1-year defamation period is strict. The single publication rule limits repeated claims.

Official Statute

Cal. Civ. Proc. Code § 335.1

Clock Starts

Date of death

Key Exceptions

• Gov entity 6-month administrative claim required

Notes

Same period as personal injury — 2 years from the date of death.

Official Statute

Cal. Civ. Proc. Code § 338(b)

Clock Starts

Date of damage

Key Exceptions

No major exceptions noted.

Notes

Three years for damage to real or personal property.

Official Statute

Cal. Civ. Proc. Code § 338(d)

Clock Starts

Date of discovery

Key Exceptions

• Discovery rule: clock starts when fraud was or should have been discovered

Notes

Three years from discovery, subject to the discovery rule.

Official Statute

Cal. Civ. Proc. Code § 335.1

Clock Starts

Date of fall, trip, or injury on the property

Key Exceptions

• Gov entities: Gov't Tort Claims Act — 6 months to file claim with agency
• Minors: tolled until age 18, then 2 years
• Delayed discovery rule may apply
• Property owner must have had actual or constructive notice of the dangerous condition

Notes

California applies the 2-year personal injury statute to slip and fall (premises liability) claims. To win, you must show the property owner knew or should have known of the hazardous condition and failed to fix it or warn you.

Official Statute

Cal. Civ. Proc. Code § 335.1

Clock Starts

Date of bite, attack, or injury

Key Exceptions

• Gov entities: Gov't Tort Claims Act — 6 months to file claim with agency
• Minors: tolled until age 18, then 2 years
• Delayed discovery rule may apply
• Some states impose strict liability on owners regardless of the dog's prior history

Notes

California applies the 2-year period to dog bite and animal attack claims. Most states impose strict liability on dog owners for bites; some require proof the owner knew the animal was dangerous ("one bite rule").

Official Statute

Cal. Civ. Proc. Code § 335.1

Clock Starts

Date of injury OR date the defect was or should have been discovered

Key Exceptions

• Gov entities: Gov't Tort Claims Act — 6 months to file claim with agency
• Minors: tolled until age 18, then 2 years
• Delayed discovery rule may apply
• Discovery rule may extend start date for latent product defects
• Defective design, manufacturing defect, or failure-to-warn claims each have own accrual rules

Notes

California product liability claims follow the 2-year personal injury period. The discovery rule typically applies when a product defect was not immediately apparent. Check for any applicable statute of repose measured from the date of manufacture or sale.

Official Statute

Cal. Civ. Proc. Code § 335.1

Clock Starts

Date of the assault or battery

Key Exceptions

• Gov entities: Gov't Tort Claims Act — 6 months to file claim with agency
• Minors: tolled until age 18, then 2 years
• Delayed discovery rule may apply
• Criminal prosecution of the defendant does not pause the civil SOL
• Evidence from criminal proceedings may be usable in civil case
• Some states apply a different (often shorter) period to intentional torts such as assault and battery. Confirm the rule for your state with an attorney.

Notes

Civil assault and battery claims in California are subject to the 2-year personal injury statute. You can file a civil lawsuit regardless of whether criminal charges were filed — they are separate proceedings with different burdens of proof.

Official Statute

Cal. Civ. Proc. Code § 340.16

Clock Starts

Date of last act OR date of discovery

Key Exceptions

• For childhood sexual abuse against an institution: no SOL under AB 218 (until 2026 revival window)
• Discovery rule for suppressed memory
• Minors: tolled until age 18

Notes

California allows 10 years from the last act or 3 years from discovery for adult sexual assault claims. For childhood abuse involving institutions (schools, churches), a revival window opened in 2019 under AB 218.

Official Statute

Cal. Civ. Proc. Code § 335.1

Clock Starts

Date abuse occurred or was discovered

Key Exceptions

• Gov entities: Gov't Tort Claims Act — 6 months to file claim with agency
• Minors: tolled until age 18, then 2 years
• Delayed discovery rule may apply
• Discovery rule applies when abuse was hidden or not immediately apparent
• Mental or cognitive incapacity of the resident may toll the period
• Federal LTCOP (Long-Term Care Ombudsman) complaints are separate from civil lawsuits

Notes

California nursing home neglect and abuse claims are governed by the 2-year personal injury statute. The discovery rule is critical — abuse is frequently concealed, and courts often hold the clock starts when the family discovered (or should have discovered) the abuse. Preserve all medical records, facility reports, and communications.