Statute of limitations in California

In California, a statute of limitations sets a firm calendar deadline for filing a civil lawsuit. Miss it, and the court can dismiss the case no matter how strong the underlying facts are. The clock runs quietly in the background, so a claimant who waits too long often loses the chance to be heard on the merits.

The headline figures vary by claim type. Many personal injury and wrongful death claims carry a two-year deadline under Cal. Civ. Proc. Code § 335.1. Written contract disputes generally allow four years, while defamation gives just one. Because each category has its own window, the first practical question is always which rule applies to your situation.

This page lists the general periods for common civil claims in California. These are starting points, not a substitute for advice on a specific matter. A licensed California attorney can confirm which deadline fits the facts you are dealing with.

Most California deadlines start on the date a claim accrues. Accrual usually means the moment a wrongful act causes harm and the injured person has a complete cause of action. For a straightforward injury, that is often the day the harm occurred.

Some harms are not obvious right away. California recognizes a discovery rule for certain claims, which can delay accrual until a person knew, or reasonably should have known, about the injury and its cause. Fraud is a clear example: the period runs from discovery of the facts, as noted at Cal. Civ. Proc. Code § 338(d). Medical malpractice blends both ideas, using the earlier of a fixed period from the injury or a shorter period measured from discovery under Cal. Civ. Proc. Code § 340.5.

Discovery questions can be fact-heavy. When a person should have noticed something often depends on the details, and courts look closely at what a reasonable person would have known. If your timeline is unclear, confirm the accrual date carefully rather than assuming.

California law pauses or extends some deadlines through rules known as tolling. These exceptions are narrow, and they do not apply to every claim. Still, they matter, because they can change when a filing is actually due.

For a claimant who was a minor when the harm occurred, the clock is often tolled during childhood, so the period may not run in the usual way until the person reaches adulthood. A similar idea can apply to someone under a recognized legal disability, such as a period of insanity as defined by statute. When a defendant leaves California, the time of that absence may not count against the deadline in some situations.

Claims against government bodies follow a separate and stricter track. Before suing a public entity in California, a claimant generally must file an administrative claim within a short window set by the Government Claims Act, and that window is much tighter than the general periods on this page. Because the government-claim rules carry their own deadlines and procedures, check the official code or speak with a licensed California attorney before assuming a standard period applies.

Personal injury claims in California generally must be filed within two years under Cal. Civ. Proc. Code § 335.1. This covers harm to the body from accidents, negligence, and many intentional acts. Wrongful death claims, brought by survivors after a fatal injury, share the same two-year period and the same section.

Medical malpractice has its own structure under Cal. Civ. Proc. Code § 340.5. The deadline is the earlier of three years from the injury or one year from discovery, which means an alert patient cannot simply wait once a problem comes to light. Property damage claims, covering harm to real or personal property, generally allow three years under Cal. Civ. Proc. Code § 338(b).

Contract claims split by form. A written contract dispute generally carries a four-year deadline under Cal. Civ. Proc. Code § 337, while an oral contract allows two years under Cal. Civ. Proc. Code § 339. Fraud claims run three years from discovery of the fraud under Cal. Civ. Proc. Code § 338(d), reflecting that deception is often hidden at first.

Defamation, whether written libel or spoken slander, carries a one-year deadline under Cal. Civ. Proc. Code § 340(c). Because that window is short, people who believe they were defamed have limited time to act.

If you think you have a claim, treat the deadline as real from day one. Start by preserving records. Keep contracts, medical bills, photographs, emails, repair estimates, and anything that documents what happened and when. Evidence tends to fade and memories blur, so gathering material early protects your ability to explain the timeline later.

Next, confirm which period applies. The right deadline depends on the type of claim, the accrual date, and whether any exception changes the math. A single set of facts can support more than one kind of claim, and those claims may carry different windows. Sorting that out early leaves room to act.

Finally, do not wait until the last week to get help. A licensed California attorney can review the facts, identify the governing statute, and confirm how much time remains. Filing requirements and procedures can be technical, and an early conversation gives you options that a rushed one may not.