California Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

A comprehensive guide to California's statute of limitations for civil and criminal cases. Find out how long you have to file a lawsuit for personal injury, breach of contract, medical malpractice, debt collection, property damage, and other claims under California law.

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Court Date Calculator Editorial Team
Legally reviewed · Updated January 15, 2026
Fact-Checked

Table of Contents

  1. Overview of California Deadlines
  2. Civil Statute of Limitations by Case Type
  3. Personal Injury Claims
  4. Contract Disputes
  5. Medical Malpractice
  6. Property Damage
  7. Debt Collection
  8. Wrongful Death
  9. Claims Against Government Entities
  10. Criminal Statute of Limitations
  11. When the Clock Starts & How Prosecution Begins
  12. Wobbler Offenses
  13. DNA Evidence & Cold Cases
  14. Tolling and Exceptions
  15. Legal References & Sources
  16. Frequently Asked Questions

Overview of California Statute of Limitations

California's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in the California Code of Civil Procedure (CCP) and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

The time limits range from as short as 6 months for claims against government entities to 4 years for written contract disputes. Some claims, such as medical malpractice, have complex rules with multiple overlapping deadlines.

Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Always verify the applicable deadline with a qualified California attorney before relying on any general information.

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in California. These are general time limits and special rules may apply depending on the specific facts of your case.

Case Type Statute of Limitations California Code
Personal Injury 2 years CCP § 335.1
Wrongful Death 2 years CCP § 335.1
Breach of Written Contract 4 years CCP § 337
Breach of Oral Contract 2 years CCP § 339
Property Damage 3 years CCP § 338
Medical Malpractice 1 year from discovery / 3 years from injury CCP § 340.5
Legal Malpractice 1 year from discovery / max 4 years from wrong CCP § 340.6
Fraud 3 years CCP § 338
Defamation (Libel/Slander) 1 year CCP § 340
Sexual Harassment / Employment 3 years CCP § 335.1
Product Liability 2 years CCP § 335.1
Debt Collection (Written Contract) 4 years CCP § 337
Debt Collection (Oral Contract) 2 years CCP § 339
Claims Against Government 6 months (administrative claim) Gov. Code § 911.2
Childhood Sexual Abuse Age 40, or within 5 years of discovery CCP § 340.1

Important: This table provides general time limits for common civil claims in California. Special rules may apply for claims involving minors, government entities, medical malpractice under MICRA, and other specific situations. Always consult with a qualified California attorney for advice on your particular case.

Personal Injury Claims in California

Under CCP § 335.1, California's statute of limitations for personal injury claims is 2 years from the date the injury occurred. This applies to a wide range of cases, including:

  • Car accidents and motor vehicle collisions
  • Slip and fall / premises liability cases
  • Assault and battery
  • Dog bites and animal attacks
  • Workplace injuries (outside of workers' compensation)
  • Product liability injuries

Discovery Rule

In some cases, the injury is not immediately apparent. California courts apply the "discovery rule," which delays the start of the statute of limitations until the plaintiff discovered, or through reasonable diligence should have discovered, the injury and its cause. This is commonly applied in toxic exposure cases, occupational diseases, and cases involving latent injuries.

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. The 2-year clock then starts on their 18th birthday, giving them until age 20 to file a lawsuit. Exceptions exist for medical malpractice claims against minors under 6 years old.

Government claims exception: If your personal injury claim is against a government entity (city, county, state agency, or public school), you must file an administrative claim within 6 months under the California Government Claims Act. The regular 2-year deadline does not apply to government defendants.

Contract Disputes in California

California law distinguishes between written and oral contracts, with different statute of limitations periods for each.

Written Contracts

Under CCP § 337, the statute of limitations for breach of a written contract is 4 years from the date of the breach. This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements. The clock starts on the date the breach occurred, regardless of when the breach was discovered.

Oral Contracts

Under CCP § 339, the statute of limitations for breach of an oral contract is 2 years from the date of the breach. Oral contracts are enforceable in California for most purposes, but the shorter deadline reflects the difficulty of proving the terms of an unwritten agreement after a long period of time.

UCC Sales of Goods

For contracts involving the sale of goods, California's version of the Uniform Commercial Code (Cal. Com. Code § 2725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Note: The statute of limitations for contract claims generally begins on the date of the breach, not the date the breach was discovered. However, there are limited exceptions for fraud in the inducement and other special circumstances.

Medical Malpractice in California

California's medical malpractice statute of limitations is governed by the Medical Injury Compensation Reform Act (MICRA), codified at CCP § 340.5. The rules are more complex than most other claim types:

  • 1 year from the date the plaintiff discovered, or through reasonable diligence should have discovered, the injury
  • 3 years from the date of the injury, whichever occurs first

This means that even if you did not discover the injury right away, you generally cannot file more than 3 years after the date of the negligent act. There are limited exceptions:

  • Fraud: If the healthcare provider fraudulently concealed the error, the deadline may be extended
  • Foreign object: If a foreign object (such as a surgical instrument) was left in the patient's body, the claim may be filed at any time after discovery
  • Minors: Special rules apply for children under 6 years old

MICRA Damages Cap

In addition to the statute of limitations, MICRA imposes a cap on non-economic damages (pain and suffering) in medical malpractice cases. As of January 1, 2023, under AB 35, the non-economic damages cap was increased to $350,000 for non-death cases and $500,000 for wrongful death cases, with annual increases thereafter.

Warning: Medical malpractice cases in California require a 90-day notice of intent to sue before filing a lawsuit, which can toll (pause) the statute of limitations for up to 90 days. Consult with an attorney immediately if you believe you have a medical malpractice claim.

Property Damage Claims in California

Under CCP § 338, the statute of limitations for property damage claims in California is 3 years. This applies to:

  • Damage to real property (land, buildings, structures)
  • Damage to personal property (vehicles, equipment, belongings)
  • Trespass to real property
  • Conversion (theft or unauthorized use of personal property)
  • Vandalism and intentional property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects), the discovery rule may apply, but a separate statute of repose may also limit the time to file.

Debt Collection in California

The statute of limitations for debt collection in California depends on the type of debt:

Type of Debt Statute of Limitations Legal Basis
Written contract (loans, promissory notes) 4 years CCP § 337
Oral contract 2 years CCP § 339
Open-ended account (credit cards) 4 years CCP § 337
Auto loan deficiency 4 years CCP § 337
State tax liability 10 years Cal. Rev. & Tax. Code § 19252

When Does the Clock Start?

For most debts, the statute of limitations starts from the date of last payment or the date of default, whichever is later. Each payment on an account may restart the clock in California.

Important: After the statute of limitations expires, debt collectors can still attempt to collect the debt, but they cannot successfully sue you. However, making a partial payment or acknowledging the debt in writing may restart the clock. Do not make any payment or written acknowledgment on an old debt without first consulting an attorney.

Wrongful Death Claims in California

Under CCP § 335.1, the statute of limitations for wrongful death claims in California is 2 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act or negligence of another.

Wrongful death claims may be filed by the decedent's surviving spouse, domestic partner, children, or other heirs who were entitled to inherit under the laws of intestate succession.

Common Wrongful Death Scenarios

  • Fatal car or truck accidents
  • Medical malpractice resulting in death
  • Workplace fatalities
  • Defective products causing death
  • Intentional acts of violence

If the wrongful death claim is against a government entity, the 6-month administrative claim deadline under the Government Claims Act applies instead.

Claims Against Government Entities in California

California imposes a significantly shorter deadline for claims against government entities under the California Government Claims Act (also known as the Tort Claims Act). The process has two stages:

Stage 1: Administrative Claim

Under Government Code § 911.2, you must file a written administrative claim with the relevant government agency within 6 months of the date of injury, damage, or loss. This applies to claims against:

  • The State of California
  • Cities and counties
  • Public school districts and universities
  • Public hospitals and transit authorities
  • Any other state or local government entity

Stage 2: Lawsuit

If the government entity rejects your administrative claim (which is the typical outcome), you then have 6 months from the date the rejection notice is mailed to file a lawsuit in court. If the agency does not respond to your claim within 45 days, it is deemed rejected, and you have 6 months from that date to file suit.

Critical: Missing the 6-month administrative claim deadline almost always permanently bars your claim against a government entity. Unlike private lawsuits, there is very little room for late filings or exceptions. If you believe you have a claim against a government entity, act immediately.

Criminal Statute of Limitations in California

California's criminal statute of limitations is governed by Penal Code §§ 799–805. The deadlines vary based on the severity of the offense, with the most serious crimes having no time limit at all. Below is a summary of the key deadlines, followed by detailed breakdowns by crime type.

Offense Tier Statute of Limitations Legal Basis
Murder, crimes punishable by death or life imprisonment No limit P.C. § 799
Embezzlement of public funds No limit P.C. § 799
Felony sex offenses (as of 2017, SB 813) No limit P.C. § 799
Felonies punishable by 8+ years in state prison 6 years P.C. § 800
Felonies punishable by less than 8 years 3 years P.C. § 801
Fraud-related felonies (theft, embezzlement of elder) 4 years from discovery P.C. § 803
Elder or dependent adult abuse (felony) 4 years from discovery or report P.C. § 801.6
General misdemeanors 1 year P.C. § 802
Misdemeanor violations against minor under 14 3 years P.C. § 802

Theft Crimes

Petty theft is a misdemeanor with a standard 1-year deadline. Grand theft and other fraud-related theft offenses get 4 years, but the clock does not start until the victim discovers (or reasonably should have discovered) the loss. This distinction matters: a contractor who embezzles from a client over several years might not face charges until an audit reveals the missing funds, and the 4-year window starts from the audit rather than the first stolen dollar.

Violent Crimes

Misdemeanor assault and battery follow the 1-year rule. Assault with a deadly weapon (P.C. § 245) is a felony punishable by 2–4 years, placing it in the 3-year tier. Robbery splits into two categories: second-degree robbery (up to 5 years) falls in the 3-year tier, while first-degree robbery (3–9 years) falls in the 6-year tier because it is punishable by 8 or more years.

Domestic violence involving corporal injury to a spouse or cohabitant (P.C. § 273.5) carries a 5-year statute of limitations, longer than most felonies in its sentencing range. This extended deadline reflects the reality that domestic violence victims often do not report immediately.

DUI and Driving Offenses

A standard DUI is a misdemeanor with a 1-year filing deadline. A DUI that causes injury or death can be charged as a felony, which extends the deadline to 3 years or more depending on the severity of harm and the resulting prison exposure.

Fraud and White-Collar Crimes

Fraud offenses get 4 years from the date of discovery. This covers insurance fraud, welfare fraud, securities violations, falsification of public records, and bribery of a public official. The discovery rule is written directly into P.C. § 803(c), which lists the specific offenses that qualify. The rationale is straightforward: fraud is designed to be hidden, so tying the deadline to the date the crime was committed would reward the most successful concealments.

Sex Crimes Against Minors

When the victim of a felony sex offense was under 18 at the time of the crime, California dramatically extends the filing deadline. Prosecutors can bring charges at any time before the victim turns 40 (P.C. § 801.1). This applies to rape, sodomy, lewd acts on a child, and continuous sexual abuse.

For felony sex offenses that require registration under P.C. § 290 but do not qualify for the victim's-40th-birthday rule or the no-time-limit provisions, the deadline is 10 years from the date of the crime.

Since 2017 (SB 813), California has eliminated the statute of limitations for most felony sex offenses, including forcible rape and sexual acts accomplished by force or threats. This applies to offenses committed on or after January 1, 2017, and to older offenses where the previous time limit had not yet expired.

Note: These tier-based deadlines serve as defaults. Dozens of individual crimes have their own specific deadlines carved out by separate code sections. Always verify the specific statute applicable to your situation.

When the Clock Starts & How Prosecution Begins

Occurrence Rule (Default)

For most crimes, the clock begins running the moment the offense is committed. For example, if a theft occurs on March 1, 2024, the 1-year misdemeanor deadline expires on March 1, 2025.

Discovery Rule (Fraud Exception)

The major exception is the discovery rule, which delays the start date for offenses built on fraud, concealment, or breach of trust. Under P.C. § 803(c), the clock does not begin until the crime is discovered or reasonably should have been discovered. This applies specifically to:

  • Felonies where a key element is fraud or breach of fiduciary duty
  • Theft or embezzlement targeting an elder or dependent adult
  • Misconduct in office by a public official

The discovery rule does not apply to crimes generally just because they went undetected. A burglary that nobody witnessed still has its clock start on the date it happened, because burglary is not a fraud-based offense.

How Prosecution Officially Begins

The statute of limitations is satisfied as long as the prosecution is "commenced" before the deadline expires. Under P.C. § 804, prosecution is commenced by any of the following:

  • Filing an indictment or information — the formal charging document
  • Filing a misdemeanor or infraction complaint
  • Arraigning the defendant on a felony complaint
  • Issuing an arrest or bench warrant — only if the warrant identifies the defendant with sufficient specificity

The warrant provision matters practically: if police identify a suspect near the end of the limitations period but cannot physically locate the person, they can preserve the case by obtaining a warrant that names and describes the suspect. Once the warrant issues, the deadline is met even if the arrest happens years later.

Wobbler Offenses in California

California has many "wobbler" offenses that prosecutors can file as either a felony or a misdemeanor. The question of which statute of limitations applies before a charging decision is made gets resolved by P.C. § 805, which says the applicable time limit is based on the maximum punishment the statute allows, regardless of the punishment actually sought or imposed.

Since a wobbler can be charged as a felony, the maximum possible punishment is a prison term, and the felony deadline applies. This means a prosecutor does not lose the ability to file a wobbler as a misdemeanor just because the 1-year misdemeanor deadline has passed. As long as the felony deadline has not expired, the case can still be filed either way.

Sentencing enhancements are disregarded when calculating the maximum punishment. Only the base offense matters for statute of limitations purposes.

DNA Evidence & Cold Cases

When DNA evidence identifies a suspect in a sex offense, California allows prosecution within 1 year of the date the suspect's identity is conclusively established through DNA testing. Two conditions must be met under P.C. § 803:

  • The crime must be one that requires sex offender registration under P.C. § 290
  • The biological evidence must have been analyzed for DNA within specific timeframes depending on when the offense occurred

This provision was designed for cold cases where physical evidence was collected at the crime scene but DNA technology either did not exist yet or was not applied. Combined with the 2017 elimination of the statute of limitations for many serious sex crimes, it means old cases can be revived decades later when a DNA database match identifies a suspect.

Tolling and Exceptions in California

Under certain circumstances, California law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at CCP § 352(a). The clock starts on the plaintiff's 18th birthday.

Mental Incapacity

If the plaintiff lacks the legal capacity to manage their own affairs at the time the cause of action accrues, the statute of limitations may be tolled under CCP § 352(a).

Defendant's Absence from the State

Under CCP § 351, if the defendant is out of the state at the time the cause of action accrues, the statute of limitations does not begin to run until the defendant returns. If the defendant leaves after the cause of action accrues, the time of absence is not counted.

Discovery Rule

California courts recognize the discovery rule in many types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This is particularly relevant in:

  • Medical malpractice (hidden injuries)
  • Toxic exposure and environmental contamination
  • Fraud and misrepresentation
  • Professional malpractice (legal, accounting)
  • Occupational diseases

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim.

Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting a California attorney. Courts apply these doctrines narrowly, and the burden of proving tolling is on the plaintiff.

Challenging Charges Filed After the Deadline

If you believe charges or a lawsuit were filed after the statute of limitations expired, the defense is raised through a pretrial motion to dismiss. The defendant bears the burden of proving that the deadline has passed as a matter of law. A court will grant the motion only if there is no factual dispute about whether the time limit expired.

In practice, statute of limitations disputes often hinge on when the clock started rather than simple calendar math. Prosecutors or plaintiffs may argue the discovery rule delayed the start date, that tolling paused the clock, or that the DNA evidence exception applies. Each of these arguments introduces factual questions that can prevent dismissal on a pretrial motion. An expired statute of limitations is one of the strongest defenses available, but proving it requires pinning down the exact dates.

Legal References & Sources

This page cites the following California statutes and legal sources. You can read the full text of each law by following the links below:

California Statute of Limitations: Frequently Asked Questions

What is the statute of limitations for personal injury in California?
In California, the statute of limitations for personal injury claims is 2 years from the date of the injury under CCP Section 335.1. This applies to car accidents, slip and fall cases, assault, and other injury claims. If the injury was not immediately discovered, the discovery rule may delay the start of the clock. However, if your claim is against a government entity, you must file an administrative claim within 6 months.
What is the statute of limitations for medical malpractice in California?
Under California's MICRA law (CCP Section 340.5), the statute of limitations for medical malpractice is 1 year from the date the injury was discovered or reasonably should have been discovered, or 3 years from the date of the injury, whichever occurs first. There are exceptions for fraud, foreign objects left in the body, and cases involving minors under 6 years old. You must also provide 90 days' notice of intent to sue before filing.
What is the statute of limitations for breach of contract in California?
In California, the statute of limitations for breach of a written contract is 4 years under CCP Section 337. For breach of an oral contract, the limit is 2 years under CCP Section 339. The clock generally starts on the date the breach occurred, not when the breach was discovered.
What is the statute of limitations for debt collection in California?
In California, the statute of limitations for debt collection depends on the type of debt. Written contracts have a 4-year limit, oral contracts have a 2-year limit, and open-ended accounts (such as credit cards) generally have a 4-year limit. The clock typically starts from the date of the last payment or the date of default. Making a payment or acknowledging the debt in writing may restart the clock.
How long do I have to file a claim against a government entity in California?
Under the California Government Claims Act (Government Code Section 911.2), you must file an administrative claim with the relevant government entity within 6 months of the injury, damage, or loss. If the claim is rejected, you then have 6 months from the date of the rejection notice to file a lawsuit. Missing the 6-month administrative deadline almost always permanently bars your claim.
Can the statute of limitations be extended in California?
Yes, under certain circumstances. The statute of limitations can be tolled (paused) if the plaintiff is a minor, lacks mental capacity, if the defendant has left the state, or if the discovery rule applies. California also recognizes fraudulent concealment as a basis for tolling. However, these doctrines are applied narrowly by courts, and the burden of proving tolling is on the plaintiff. Always consult with an attorney to determine if tolling applies to your case.
What is the statute of limitations for childhood sexual abuse in California?
Under CCP Section 340.1, as amended by AB 218 (2019), victims of childhood sexual assault may file a lawsuit until age 40, or within 5 years of discovering that the injury was caused by the abuse, whichever is later. AB 218 also created a 3-year "lookback window" (which expired December 31, 2022) that allowed victims of any age to file previously time-barred claims. Additionally, the law allows treble damages and a right to sue institutions that covered up abuse.
Does California have a statute of repose?
Yes, California has a statute of repose for construction-related claims. Under CCP Section 337.15, actions against developers, contractors, and others involved in the design or construction of real property must be filed within 10 years of the substantial completion of the construction. This is an absolute deadline that applies regardless of when the defect was discovered. This is separate from and in addition to the regular statute of limitations.
What is the statute of limitations for a felony in California?
In California, the statute of limitations for a felony depends on the severity of the offense. Felonies punishable by 8 or more years in state prison have a 6-year limit (P.C. § 800). Felonies punishable by less than 8 years have a 3-year limit (P.C. § 801). However, murder, crimes punishable by life imprisonment, embezzlement of public funds, and most felony sex offenses (as of 2017) have no statute of limitations at all (P.C. § 799). Fraud-related felonies have a 4-year limit from the date of discovery.
What is the statute of limitations for DUI in California?
A standard DUI in California is a misdemeanor with a 1-year statute of limitations. If the DUI causes injury or death and is charged as a felony, the deadline extends to 3 years or more depending on the severity of harm and the resulting prison exposure. The clock starts from the date of the offense.
What is the statute of limitations for fraud in California?
For civil fraud claims, the statute of limitations in California is 3 years from the date of the fraud under CCP Section 338(d). For criminal fraud offenses (including insurance fraud, welfare fraud, securities violations, and embezzlement of an elder), the deadline is 4 years from the date the crime is discovered or reasonably should have been discovered, under Penal Code Section 803(c). The discovery rule applies specifically to fraud-based offenses because fraud is designed to be hidden.

Statute of Limitations in Other States

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice under MICRA, cases involving minors, and other specific situations. Always consult with a qualified California attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.