California Statute of Limitations

Explanation, Information and Statutory Time Periods

What is the Statute of Limitations: A "statute of limitations" is a law that places a limit on something and is typically applied to time - how much time you have to file a lawsuit after an action occurs for which a lawsuit could be brought. Once the time expires, a court will not allow a lawsuit to proceed on the matter. For example, if you were injured in a car accident, your state might impose a time period of 3 years from the date the accident occurred for you to get your case together and file a lawsuit in the appropriate court. If you tried to bring your case 3 years and 1 day later, the defendant can move to dismiss the case due to the expiration of the statute of limitations. A reason why this is done is so that a defendant can defend a case in a timely fashion and the court can hear fresh recollections of witnesses - not old, fading memories which won't be useful in determining the true facts of a case.

When does the Statute of Limitations Begin: In general, the statute of limitations begins to run at the time when a "claim accrues" or the time when the injury is suffered (and thus a lawsuit could be filed due to that injury.) There are some exceptions, which are explained below.

The Discovery Rule: There are times where it isn't reasonably possible for a person to realize that an injury occurred. It wouldn't be fair to make that person responsible to bring a case in a timely fashion if he or she didn't know that there even was a case to be brought. For example, an estate planner embezzles money from an estate which is concealed and not discovered until years later or a doctor leaves an object inside a patient after surgery that is only discovered later when complications arise. As a result, in these cases where it's not immediately apparent that an inury occurred and a case could be brought, the statute of limitations commences to run when a person discovers, or in the exercise of reasonable care should discover, injury due to another’s negligence.

Delaying or "Tolling" the Statute of Limitations: There are times when it wouldn't be fair to use a harsh application of the statute of limitations and the time when it begins to run should be delayed or stopped from running. For example, if a victim was a minor or disabled at the time an injury occurred, that person would not be able to bring a case and should not be punished for being unable to do so. Typical reasons include minority, mental incompetence, bankruptcy, ando other specific instances. Using minority as an example, if the statute of limitations was 3 years, once the minor became an adult under state law, this new adult would have 3 years to bring a case or it will expire.

Time Limitations Schedule for Specific Actions

Personal Injury and Negligence
2 years. Use the Discovery Rule.

Comparative Negligence
A pure comparative negligence division applies (each party assigned a percentage.)

Medical Malpractice
3 years generally - it is 3 years from the date of the injury, 1 year from the data of discovery, whichever occurs first except when there is a foreign objects issue which runs from the date the object is or should have been discovered. Infants less than 6 years old have 3 years maximum or prior to age 8 to start an action, unless tolled by fraud or collusion or other circumstances. The 3 year statute of limitations is an exception to the wrongful death statute which is for only 1 year. Elder abuse cases are 2 years.

Legal Malpractice
1 year - use the discovery rule but it could be up to 4 years from the date of wrongful act, whichever occurs first except in the case of fraud.

Products Liability
2 years.

Contracts
4 years if written, 2 years if oral.

Wrongful Death
2 years, although there are exceptions such as death due to asbestos exposure or medical malpractice.

Intentional Torts
1 year.

Fraud
3 years - but the cause of action is not deemed to have accrued (to start the SOL) until the facts are discovered by the injured party.

Libel / Slander / Defamation
1 year.

Injury to Personal Property
3 years.

Discovery Rule
The California rule is the standard discovery rule.

Disabilities
SOL does not run until the disability ceases (infancy, insanity, imprisonment, incompetence) ends except with regard to damages cases for confinement, actions against public entities or other circumstances where required by law. Infants have 2 years from age 18 to commence action. If a plaintiff dies the SOL is extended by an additional 6 months and, if the defendant dies, the SOL is tolled an additional year.

Charitable Immunity
None.

Liability of State and Municipalities
6 months and runs from the date a notice of claim is served on the public entity. Sovereign immunity has been abolished.

Punitive Damages
Requires proof by clear and convincing evidence of oppression, fraud or malice. No employer liability for employee acts except in special circumstances.

Consumer Fraud Complaints
California Department of Consumer Affairs
http://www.dca.ca.gov/
Phone (916)445-1254
Toll Free in California (800)952-5210

DISCLAIMER: This information about California's statute of limitations laws is presented "as-is" and is not intended to provide a complete analysis of your case. While the information is believed to be accurate as of date of publications, laws may change and not be reflected in this article. Before making any decision, please consult with a qualified attorney licensed to practice in California state.

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