Federal & State Lawfederalstatelaw.com
Back to Questions
civil-procedureCA

What is the statute of limitations in California?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

California civil statutes of limitations are codified primarily in the Code of Civil Procedure (CCP) §§ 312-366.

1. Personal Injury — 2 Years

CCP § 335.1: Actions for assault, battery, or injury to or death of an individual caused by another's wrongful act or neglect must be filed within 2 years of accrual. This rule was extended from 1 year by SB 688 effective January 1, 2003.

2. Written Contract — 4 Years

CCP § 337: Actions on a written contract or obligation founded on a written instrument must be filed within 4 years. This includes promissory notes and most commercial agreements.

3. Oral Contract — 2 Years

CCP § 339: Actions on a contract not founded on a written instrument must be filed within 2 years.

4. Property Damage — 3 Years

CCP § 338(b): Trespass upon or injury to real property — 3 years. Same period applies to actions for taking, detaining, or injuring goods or chattels (§ 338(c)).

5. Fraud — 3 Years (Discovery Rule)

CCP § 338(d): An action for relief on the ground of fraud or mistake must be filed within 3 years, but the cause of action is not deemed to have accrued until discovery of the facts constituting the fraud or mistake.

6. Medical Malpractice — 3 Years / 1 Year (MICRA)

CCP § 340.5: An action for injury or death against a health care provider based on professional negligence must be commenced 3 years after the date of injury or 1 year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs first. Tolled for fraud, intentional concealment, or a foreign body. Minors under 6 have until age 8.

7. Wrongful Death — 2 Years

CCP § 335.1: Wrongful death actions must be filed within 2 years of death.

8. Other Notable Periods

  • Defamation (libel/slander): 1 year (CCP § 340(c)).
  • Breach of warranty (UCC sales): 4 years (Cal. Comm. Code § 2725).
  • Judgments: 10 years, renewable (CCP § 337.5).
  • Government tort claim: notice required within 6 months for personal injury, 1 year for property; suit within 2 years (Gov. Code §§ 911.2, 945.6).

    • 9. Tolling

    CCP §§ 351-356 toll the statute for absence from the state, minority (under 18), insanity, imprisonment, and war. The "delayed discovery rule" applies in many tort and fraud cases.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You are nearing a limitations deadline and unsure when accrual occurred
    • Your claim involves a government entity (short notice deadlines apply)
    • You suspect fraud or concealment that may toll the period
    Related Statutes & Laws
    • Cal. Code Civ. Proc. § 335.1
    • Cal. Code Civ. Proc. § 337
    • Cal. Code Civ. Proc. § 338
    • Cal. Code Civ. Proc. § 339
    • Cal. Code Civ. Proc. § 340.5

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.