Statute of Limitations in California.

Overview

A statute of limitations is the legal deadline to file a lawsuit. In California personal injury practice, deadlines vary by claim type, defendant type, and a handful of tolling rules that can shift the start date. Missing a deadline is almost always fatal to the case.

This page is the master reference. For any fact pattern, identify the claim type first, then ask whether a government entity is involved, then check whether a tolling doctrine applies. A mistake at any of those three steps can end the case before it begins.

Master SOL Reference Table

Claim Type	Deadline	Statute
General personal injury / negligence	2 years	CCP § 335.1
Medical malpractice	1 year from discovery / 3 year outside cap	CCP § 340.5
Wrongful death	2 years from date of death	CCP § 335.1
Property damage	3 years	CCP § 338(b)
Sexual assault (adult)	10 years, or 3 years from discovery	CCP § 340.16
Fraud	3 years	CCP § 338(d)
Breach of written contract	4 years	CCP § 337
Government entity defendant	6-month pre-suit claim + post-rejection suit window	Gov't Code §§ 911.2, 945.6
Product liability (breach of warranty)	4 years	Com. Code § 2725

General Negligence: CCP § 335.1

The workhorse statute. Two years from the date of the injury for any personal injury action based on negligence or wrongful act: auto accidents, slip and falls, dog bites, premises liability, product defects (non-warranty), and most intentional torts. The clock starts on the date of injury unless the delayed-discovery rule applies.

Medical Malpractice: CCP § 340.5

Medical malpractice cases use a hybrid rule. The plaintiff has one year from discovery of the injury and its negligent cause, but no more than three years from the date of injury regardless of discovery. Tolling for fraud, intentional concealment, or a foreign object left in the body can extend the three-year cap. The Medical Injury Compensation Reform Act (MICRA) layers on additional procedural requirements — see the MICRA page.

Government Claims: The Pre-Suit Requirement

Claims against any California public entity (the state, a county, a city, a school district, a transit agency) require a written Government Claim within six months of the incident. The entity has 45 days to respond. If it rejects the claim, the plaintiff has six months from the rejection to file suit. If it does nothing, the claim is deemed rejected and the plaintiff has two years from accrual.

Wrongful Death: CCP § 335.1

Wrongful death actions are governed by the same two-year deadline, but the clock runs from the date of death, not the date of the underlying injury. Where death is delayed by weeks or months after an accident, the family gains time — but never assume the earlier injury date is the trigger without confirming.

Products Liability

Personal injury from a defective product follows the general two-year SOL for negligence and strict liability. A parallel breach-of-warranty claim under Commercial Code § 2725 has a four-year deadline, measured from tender of delivery. Plead both where possible.

Sexual Assault: CCP § 340.16

California civil claims for sexual assault (adult victims) have up to 10 years from the assault, or three years from the date the plaintiff discovered, or reasonably should have discovered, the injury and its cause — whichever is later. Separate statutes and revival windows apply to childhood sexual abuse claims.

Tolling Doctrines

Minors

Under CCP § 352, the SOL is tolled while the plaintiff is a minor. The regular SOL period starts running when the plaintiff turns 18. A 10-year-old injured in a car accident has until age 20 to file. Medical malpractice claims by minors follow CCP § 340.5's age-specific rules.

Mental incapacity

A plaintiff with a mental incapacity that prevents them from understanding their rights can toll the SOL during the period of incapacity. Documentation from treating providers is typically required.

Delayed discovery

Under Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103, the SOL runs from when the plaintiff knew, or reasonably should have known, of the injury and its cause. This is fact-specific and often contested. It is most common in toxic tort, medical malpractice, and latent-defect cases.

Equitable tolling and estoppel

When a defendant affirmatively misleads the plaintiff about the claim's viability, or when the plaintiff pursued an alternative remedy in good faith, equitable doctrines may suspend the SOL. These are narrow. Relying on them is not a plan.

Relation-Back Doctrine for Amended Complaints

If a plaintiff files within the SOL and later amends the complaint to add a new defendant or theory, the amendment may "relate back" to the original filing date. The new claim must arise from the same general set of facts, and courts require the defendant to have had notice of the litigation. When adding a Doe defendant, the plaintiff must have been genuinely ignorant of the defendant's identity at the original filing.

Procedural Flow: SOL Analysis

On every new matter, run this sequence before doing anything else:

1. Identify the exact date of injury, the date of death (if applicable), and the date of discovery (if applicable).
2. Identify every potential defendant by type: individual, private entity, public entity.
3. Identify the cause of action for each defendant.
4. Apply the correct SOL for each cause of action / defendant combination.
5. Check every applicable tolling doctrine.
6. Calendar the earliest deadline, and the second-earliest, as hard backstops.
7. File early when the margin is under 60 days. Evidence continues to disappear.

Common Pitfalls

• Assuming a two-year deadline when a government entity is involved
• Miscalculating the MICRA 1-year / 3-year rule
• Missing that the defendant-of-record is a public agency (police K-9 cases, city-maintained sidewalk, school district bus)
• Relying on delayed discovery without contemporaneous documentation of when discovery occurred
• Filing against the wrong agency (for example, filing a Government Claim with the county when the cause of action is against the city)
• Failing to amend promptly when a Doe defendant's identity becomes known
• Treating the amendment deadline as the original filing deadline

Cross-References

• Government Claims Act — full six-month procedure
• Medical Malpractice — CCP § 340.5 and MICRA overlay
• Premises Liability — most common 2-year case type
• Wrongful Death — 2 years from date of death
• Sexual Assault Claims — CCP § 340.16 and revival windows
• Comparative Fault — affects recovery, not the SOL

Common Questions

Sources & Legal Citations

1. California Code of Civil Procedure § 335.1. Two-year statute of limitations for personal injury actions.
2. California Code of Civil Procedure § 340.5. Medical malpractice statute: 1-year discovery rule, 3-year outside cap.
3. California Code of Civil Procedure § 340.16. Sexual assault civil claims: up to 10 years.
4. California Government Code §§ 911.2, 945.6. Government Claims Act 6-month pre-suit claim + post-rejection filing window.
5. Code of Civil Procedure § 352. Tolling for minors and persons with mental incapacity.
6. Jolly v. Eli Lilly & Co. (1988) 44 Cal.3d 1103. Delayed-discovery rule — when the SOL begins to run.