Understanding California Statutes of Limitations and Filing Deadlines

One of the most critical decisions a California litigant must make is when to file a civil complaint. Missing a statute of limitations deadline is devastating—it permanently bars your claim, regardless of its merit. Understanding the specific time limits for different causes of action, as well as the exceptions that may extend those deadlines, is essential to protecting your legal rights.

What is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time period within which a lawsuit must be filed after an injury or damage occurs. Once this deadline passes, a defendant can file a motion to dismiss the complaint under California Code of Civil Procedure (CCP) § 1010.6, and the court will almost certainly grant it. The statute of limitations exists to protect defendants from stale claims and to ensure that evidence remains reliable.

Personal Injury Claims

Statute of Limitations: 2 years from injury (CCP § 335.1)

Personal injury claims include injuries to the body caused by negligence, intentional acts, or strict liability. This broad category covers car accidents, slip-and-fall cases, assault, battery, and injuries from defective products.

The two-year clock generally starts on the date of injury—when you were hit by a vehicle, fell, or were attacked. However, determining the "date of injury" is not always straightforward, especially with cumulative injuries or latent conditions that develop over time.

Important distinction: Personal injury claims are different from medical malpractice claims, which have their own deadline discussed below.

Breach of Written Contract

Statute of Limitations: 4 years from breach (CCP § 337)

Written contracts—those memorialized in a signed document—have a four-year statute of limitations. This longer period reflects the importance of written agreements in commercial transactions.

The clock starts when the breach occurs, not when you discover it. For example, if a contractor fails to complete work on the agreed date, the statute begins on that date, even if you don't discover the defective work months later.

Key consideration: Courts strictly construe what qualifies as a "written contract." Emails and text messages may satisfy the writing requirement under the statute of frauds, but borderline documentation should be carefully evaluated.

Breach of Oral Contract

Statute of Limitations: 2 years from breach (CCP § 339)

Oral contracts—agreements made by spoken word without written documentation—must be sued upon within two years of the breach. This shorter period reflects the difficulty of proving the existence and terms of an oral agreement and the increased risk of faulty memories and false claims.

The breach date again controls, not the discovery date. If someone orally promised to pay you money and failed to do so on the agreed date, the two-year clock starts then.

Practical tip: Oral contract cases are extremely difficult to prove. Collect any corroborating evidence: emails confirming the agreement, witnesses present during the conversation, payment records, or statements by the other party acknowledging the agreement.

Fraud

Statute of Limitations: 3 years from discovery (CCP § 338(d))

Fraud claims have a three-year deadline that begins when you discover (or reasonably should have discovered) the fraud. This is different from most other claims, which start from the date of the wrongful act itself.

Under the discovery rule, the statute of limitations is tolled (paused) until you actually know, or reasonably should know, that you have been defrauded. This doctrine protects plaintiffs from hidden schemes.

Example: If a financial advisor misappropriates your funds through concealment, the three-year clock does not start until you discover the theft, not when it occurred.

However, California law does impose limits on the discovery rule. Even if you haven't discovered fraud, the claim is generally barred after four years from the date of the wrongful act, absent extraordinary circumstances.

Property Damage

Statute of Limitations: 3 years from injury (CCP § 338)

Damage to real or personal property (vehicles, homes, equipment, etc.) must be claimed within three years. The clock starts when the damage occurs, not when you discover it.

Important: If property damage is caused by personal injury (e.g., a car accident that damages both your vehicle and causes you bodily injury), you may have both a personal injury claim (2 years) and a property damage claim (3 years). In such cases, file your complaint within the shortest deadline to preserve both claims.

Medical Malpractice

Statute of Limitations: 1 year from discovery or 3 years from injury (whichever is earlier) (CCP § 340.5)

Medical malpractice claims have the most restrictive deadline in California. A patient must file suit within one year from the date of discovery of the injury, but in no case more than three years from the date of the injury itself.

This means even if you don't discover the malpractice until year 2.5, you are barred by the three-year outer limit if the injury occurred more than three years prior.

"Date of injury" definition: This is the date the negligent act occurred, not when complications or harm became apparent. A surgeon's error during surgery occurred on the date of surgery, even if the patient experienced no symptoms for months.

Discovery rule application: For latent injuries—those that are not immediately apparent—the one-year period begins when you actually discover the injury or when a reasonably prudent person would have discovered it. This requires expert testimony in many cases.

Critical requirement: Before filing a medical malpractice lawsuit, California law (Code of Civil Procedure § 411.20) may require a certificate of merit or compliance with pre-litigation notice requirements. Consult an attorney before proceeding.

Wrongful Death

Statute of Limitations: 2 years from death (CCP § 335.1)

When a person is killed due to negligence, intentional conduct, or other wrongful acts, the decedent's heirs or estate must file suit within two years of the death.

The clock runs from the date of death, not the date of injury. If someone is injured and dies six months later, the statute of limitations is two years from the death date.

Potential complications: Only certain parties may bring a wrongful death action (the personal representative of the estate or heirs), and they must follow strict procedural rules.

Tolling Exceptions: When the Clock Pauses

Even when a statute of limitations period would normally expire, several exceptions may toll (pause or extend) the deadline:

Minority Tolling

If the plaintiff is under 18 years old, the statute of limitations is tolled until they reach the age of majority (18 in California). However, this does not extend the deadline indefinitely—there are limits in some contexts. For example, in medical malpractice cases, the three-year outer limit still applies even if the plaintiff is a minor.

Tolling for Lack of Capacity

If a plaintiff is mentally incapacitated or declared incompetent, the statute may be tolled. However, this requires formal determination of incapacity.

Fraudulent Concealment

If a defendant actively conceals their wrongdoing or the injury itself, the statute of limitations may be extended under the discovery rule. This is distinct from the plaintiff's failure to discover harm—the defendant must have engaged in active concealment.

Tolling During Absence from State

If the defendant leaves California, the statute of limitations may be tolled under CCP § 351. However, this exception is narrow and courts construe it strictly.

Practical Advice for Pro Se Litigants

Mark your calendar immediately. Upon discovering an injury or breach, note the date and calculate the statute of limitations deadline. Add reminders 90 and 30 days before expiration.

Consult an attorney before the deadline. An initial consultation is often free and can clarify which statute applies and whether tolling exceptions may extend the deadline.

File early, not at the last moment. Courts and clerks' offices may experience delays. Filing weeks before the deadline prevents catastrophic loss due to administrative mistakes.

Do not assume discovery rule applies. Most claims run from the date of the wrongful act, not discovery. Only specific claims (fraud, medical malpractice, and certain others) use the discovery rule.

Consider demand letters. Before filing, sending a written demand to the opposing party may prompt settlement negotiations. Demand letters should reference the statute of limitations to encourage prompt resolution.

Key Takeaways