Statute of Limitations California: A Complete Guide
Every legal case in California runs on a clock. That clock is called the statute of limitations, and once it runs out, the door to legal action slams shut.
For an injured person recovering from an accident, or for a prosecutor deciding whether to bring criminal charges, these deadlines matter enormously. But there isn’t just one deadline. It changes depending on what happened.
What is a statute of limitations?
Think of it as a timer that starts the moment something legally “goes wrong”. It tells you how long you’ve got to bring a lawsuit or file charges. Miss it, and you lose your right to sue or, in criminal cases, the state misses its chance to prosecute.
In civil law, that might mean a claim over damaged personal property or negligence. In criminal law, the statute sets the window for bringing charges, whether it’s a minor misdemeanor or a serious felony.
It’s about fairness. Evidence disappears. Memories fade. Courts don’t want to be sorting through events from decades ago where no one can actually remember what happened.
Why do these deadlines exist?
- To keep cases fair. No one faces claims based on faded memories or missing records.
- To protect defendants from lawsuits or charges appearing years down the line.
- To push plaintiffs to act quickly, while the case is still clear.
California statutes of limitations by case type
Here’s a quick look at the most common deadlines for California offenses (civil and criminal). Always check the statute itself or consult a lawyer for specifics, since exceptions can change the deadline.
| Case type: | Deadline: |
| Personal injury | Two years from date of injury. |
| Property damage | Three years from date of damage. |
| Written contract | Four years from breach. |
| Oral contract | Two years from breach. |
| Wrongful death | Two years. |
| Debt collection (account) | Four years. |
| Medical malpractice | One year from discovery, three years maximum. |
| Criminal – misdemeanors | One year. |
| Criminal – most felonies | Three to six years (varies). |
| Serious crimes, e.g. sexual assault or violent felonies | Up to ten years (varies). |
| Crimes punishable by death or life imprisonment, e.g. murder, rape, child sex crimes | No limit. |
These are only the most common statutes. The California Code contains many more, with variations depending on the exact offense or claim.
When does the clock start?
A key question in any case is: when does the statute of limitations period begin?
In many situations, the clock starts ticking the day the injury or offense occurs (as soon as the action accrues). If you’re in a car accident, for example, the statute of limitations begins the moment of the crash. But the law also recognizes situations where that wouldn’t be fair.
When the clock pauses
California has several rules that can pause or extend the statute of limitations, a concept known as “tolling”. Here are some of the most common:
- Delayed discovery rule – If you didn’t (and couldn’t through reasonable diligence) know about the harm until later, the clock may start when you found out.
- Minors – For people under 18, the period usually doesn’t begin until their 18th birthday.
- Fraud and concealment – If someone deliberately hides what they did, the time doesn’t start until discovery.
- Equitable tolling – Courts may extend the deadline if filing earlier wasn’t realistically possible.
- Mental incapacity or imprisonment – The limit can be paused until the person regains capacity or is released.
- Absence of defendant – If the defendant leaves California or avoids service, the clock can be stopped during their absence.
- Claims against government agencies – Special rules apply here, often with much shorter deadlines (commonly six months).
Why statutes of limitations matter?
Courts don’t give out grace periods. If you miss the deadline, the case is almost always dismissed, no matter how strong it might have been. For individuals, that can mean losing your shot at justice. For businesses or professionals, it might mean being blindsided by malpractice claims or compliance issues.
FAQs
Which California offenses have no statute of limitations?
Murder, rape, child sex crimes, treason, fraud involving public funds—crimes punishable by death or life imprisonment. Federal or state prosecutors can file charges whenever they want.
Can the statute ever be extended?
Yes, but only in certain circumstances, like if the harm was discovered later or the defendant was out of state.
How do I know if my case is still valid?
Figure out the type of case, when the harm occurred (or was discovered), and whether an exception applies. If you’re unsure, speak to a lawyer.
Deadlines run through every part of California’s legal system. From civil procedure to criminal offenses, statutes of limitations control when claims can be filed and when they’re gone for good. They decide cases.
Meeting one keeps your claim alive; missing one shuts the door forever. If you need help figuring out your deadline, read our round-up of the best, free legal deadline calculators.
