California statute of limitations by claim
In California you generally have 2 years to sue for personal injury, 3 years for property damage, 4 years on a written contract and 2 years on an oral one, but only 1 year for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 2 years | Cal. Code Civ. Proc. § 335.1Covers assault, battery and injury caused by another's wrongful act or neglect. Claims against a public entity need a government claim within 6 months (Gov. Code § 911.2). |
| Medical malpractice | 3 years3 years from injury or 1 year from discovery, whichever comes first | Cal. Code Civ. Proc. § 340.5Repose: 3 years after the date of injury, except for fraud, intentional concealment, or a non-therapeutic foreign body left in the patient (§ 340.5) Minors: 3 years from the wrongful act; a child under 6 has until the later of 3 years or the 8th birthday (§ 340.5). The 1-year discovery period is the shorter of the two limits. |
| Wrongful death | 2 years | Cal. Code Civ. Proc. § 335.1Death caused by a health care provider's professional negligence follows § 340.5 instead. |
| Property damage | 3 years | Cal. Code Civ. Proc. § 338(c)(1)Covers taking, detaining or injuring goods or chattels. Trespass or injury to real property is also 3 years (§ 338(b)). |
| Written contract | 4 years | Cal. Code Civ. Proc. § 337(a)Sale-of-goods contracts follow Commercial Code § 2725. A deficiency claim after a non-judicial foreclosure sale must be filed within 3 months of the sale (§ 337(a)). |
| Oral contract | 2 years | Cal. Code Civ. Proc. § 339(1) |
| Credit card / account debt | 4 years | Cal. Code Civ. Proc. § 337(b), (d)Covers book accounts, accounts stated and open accounts based on written items, which includes typical credit card suits. Once the period runs, no one may sue, arbitrate or start any other proceeding to collect the debt, and the period can be extended only as provided in § 360 (signed written acknowledgment or promise) (§ 337(d)). |
| Fraud | 3 years | Cal. Code Civ. Proc. § 338(d) |
| Defamation | 1 year | Cal. Code Civ. Proc. § 340(c)Same 1-year period for libel and slander. |
| Product liability | 2 years | Cal. Code Civ. Proc. § 335.1Personal injury: 2 years (§ 335.1); damage to property: 3 years (§ 338(c)). California has no general product statute of repose. |
What is different in California
California’s biggest trap is the Government Claims Act: an injury caused by a public bus, a city sidewalk or a county hospital needs a written claim within 6 months, and minority tolling does not apply to it. California also treats medical malpractice with two clocks (1 year from discovery, 3 years from injury), and after the limitation period on a debt runs, a creditor may not sue or start arbitration at all. Recent legislation has focused on sexual assault claims.
- AB 452 (2023) removed the time limit for civil claims of childhood sexual assault occurring on or after January 1, 2024; earlier assaults keep the prior deadlines. (Cal. Code Civ. Proc. § 340.1(a), (p))[10]
- AB 250 (signed October 13, 2025) revives time-barred adult sexual assault claims, including against private entities that covered up assaults, if filed from January 1, 2026 through December 31, 2027. Public entities are excluded. (Cal. Code Civ. Proc. § 340.16(e))[11]
- After the limitation period expires, a creditor may not sue, arbitrate or start any proceeding to collect the debt. (Cal. Code Civ. Proc. § 337(d))[12]
- Medical malpractice has two clocks: 1 year from discovery or 3 years from injury, whichever ends first. (Cal. Code Civ. Proc. § 340.5)[13]
When the clock starts and stops
California courts apply a general discovery rule: a claim accrues when the plaintiff suspects or should suspect that someone's wrongdoing caused the injury. Statutes build it in for fraud (§ 338(d)) and medical malpractice (§ 340.5). (Cal. Code Civ. Proc. §§ 338(d), 340.5; Jolly v. Eli Lilly & Co., 44 Cal.3d 1103 (1988))
Minors. California pauses the clock while the injured person is a minor: the period starts at age 18. Time while a person is a minor or lacks legal capacity does not count (§ 352(a)). No tolling for claims that must first be presented to a public entity (§ 352(b)). Medical malpractice: 3 years from the act, or until the 8th birthday for a child under 6 (§ 340.5). Childhood sexual assault occurring on or after January 1, 2024: no time limit (§ 340.1).[6]
Other tolling. Lack of legal capacity tolls like minority (§ 352); time a defendant is out of California is excluded under § 351, though courts limit this for interstate commerce; acknowledgment of a debt must be in a signed writing (§ 360).
Suing the government in California
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Written government claim within 6 months for death, personal injury, personal property or crop damage; within 1 year for other claimsSuit within 6 months after written rejection is delivered or mailed, or within 2 years of accrual if no written notice is given (§ 945.6) | Cal. Gov. Code § 911.2 |
| Cities, counties and other local entities | Same Government Claims Act rule for cities, counties, school districts and other public entities: 6 months for injury or death, 1 year for other claims6 months after written rejection, or 2 years from accrual without written notice (§ 945.6) | Cal. Gov. Code § 911.2 |
Criminal statute of limitations in California
Most felonies in California: 3 years for most felonies; 6 years for felonies punishable by 8 years or more. Misdemeanors: 1 year.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 3 years for most felonies; 6 years for felonies punishable by 8 years or moreOffenses listed in § 803(c) (such as theft or fraud involving a breach of fiduciary duty) must be charged within 4 years after discovery or completion, whichever is later (§ 801.5). | Cal. Penal Code §§ 800, 801 |
| Misdemeanors | 1 yearExceptions: 3 years for § 647.6 offenses against a child under 14 (§ 802(b)) and certain licensing offenses (§ 802(c)-(e)). | Cal. Penal Code § 802(a) |
| No time limit | Offenses punishable by death or life imprisonment (including murder), embezzlement of public money, and rape and other listed felony sex offenses committed on or after January 1, 2017 (or not yet time-barred then) | Cal. Penal Code § 799 |
| Sexual assault | No limit for rape and the other listed forcible sex felonies under § 799(b); other listed felony sex offenses against a victim under 18 may be charged before the victim's 40th birthday; remaining registrable felony sex offenses: 10 years. | Cal. Penal Code §§ 799(b), 801.1 |
| Theft | Grand theft (over $950) can be a felony with a 3-year limit; petty theft is a misdemeanor with a 1-year limit; fraud-type theft under § 803(c) has 4 years from discovery (§§ 487, 801, 802, 801.5). |
Worked example
A rear-end collision on a Los Angeles freeway on August 9, 2025: under the personal injury deadline is August 9, 2027. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2032.
For a claim of $12,500 or less, California’s small claims (Small claims division of the Superior Court) is usually faster and cheaper; see our California small claims court guide.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in California?
What is the statute of limitations on debt in California?
Does the statute of limitations pause for minors in California?
What crimes have no statute of limitations in California?
What is the California government claim deadline?
Sources
- Cal. Code Civ. Proc. § 335.1: personal injury limitation period
- Cal. Code Civ. Proc. § 340.5: medical malpractice limitation period
- Cal. Code Civ. Proc. § 335.1: wrongful death limitation period
- Cal. Code Civ. Proc. § 337(a): written contract limitation period
- Cal. Code Civ. Proc. § 337(b), (d): credit card / account debt limitation period
- Cal. Code Civ. Proc. § 352: tolling for minors
- Cal. Gov. Code § 911.2: claims against the state
- Cal. Gov. Code § 911.2: claims against local government
- Cal. Penal Code §§ 800, 801: criminal limitation periods
- Cal. Code Civ. Proc. § 340.1(a), (p)
- Cal. Code Civ. Proc. § 340.16(e)
- Cal. Code Civ. Proc. § 337(d)
- Cal. Code Civ. Proc. § 340.5
- California small claims (official court self-help)