What Is the Statute of Limitations in California?

A statute of limitations (SOL) sets a time limit for initiating civil or criminal lawsuits. For many California felonies, misdemeanors, and infractions, the legislature establishes specific durations, the expiration of which results in losing the right to pursue the case. This principle ensures timely claims while evidence is fresh, witnesses are available, and witness memories/testimonies are reliable.

The statute of limitations in California generally begins "when the cause of action accrues". However, in practice, determining the inciting incident for commencing legal proceedings may be tricky due to exceptions that may shorten or "toll" (suspend or delay) the SOL. An example is a "tolling agreement" between parties, which can suspend the filing deadline for a specified period. A plaintiff's legal status can also prevent them from starting a case, and for heinous matters like murder, no statute of limitations may apply.

How Long Is the Statute of Limitations in California?

The time limits for filing a lawsuit in California vary by case. Broadly speaking, legal proceedings in the Sunshine State are either civil or criminal. However, the state does not maintain uniform filing deadline limits for all civil cases and criminal charges. Instead, the specific type of case determines the applicable statute of limitations. For example, personal injury and breach of written contract are both cases that fall into the "civil" category. However, they have different SOLs—2 years (CCP § 335.1) and 4 years (CCP § 337), respectively.

The table below outlines California's general statutes of limitations by case category.

What Crimes Have No Statute of Limitations in California

Penal Code (PC) 799 outlines crimes with no statute of limitations in California. These offenses are considered severe enough to be prosecuted at any time, regardless of the passage of time. State law classifies them into three groups:

• Offenses punishable by death, i.e., capital offenses. For example, first-degree murder with spe­cial cir­cum­stances, treason, military sabotage resulting in death, or placing a bomb causing death
• Offenses punishable by life in prison or for life without the possibility of parole (e.g., rape, aggravated kidnapping, first-degree robbery, felony murder)
• Embezzlement of public money

Criminal Statute of Limitations in California

California's criminal statute of limitations dictates the maximum timeframe within which the government can "prosecute" a criminal case. These time limits are detailed in PC 799 et seq.

The misdemeanor statute of limitations in California is generally 1 year, while the felony statute of limitations is generally 3 years. California's SOL usually starts from the accrual date—the act or incident that gives rise to the claim. As such, for multiple offenses, the clock begins to tick from the date the offense occurs. However, for some crimes (e.g., grand theft, forgery, felony insurance fraud), the Discovery Rule (or delayed discovery rule)—a type of equitable tolling—may apply. Under the discovery rule, the clock does not begin until the offense is discovered or should reasonably have been discovered.

The following table charts California’s criminal statute of limitations for different offenses:

Notably, California criminal SOL has several exceptions and variances, such as the following:

• The most severe crimes have no SOL (see previous heading).
• California law pauses ("tolls") the criminal statute of limitations for up to three years if the defendant is out of state when or after the offense is committed.

Suppose the crime’s SOL is 4 years, and the defendant leaves the state for 5 years. In that case, prosecutors can pause the clock for only 3 of those years. The clock keeps ticking for the other 2 years. As a result, by the time the defendant returns, prosecutors will only have 2 years left to pursue charges.

Is There a Statute of Limitations on Attempted Murder?

No, there is no statute of limitations on attempted murder in California. Whether attempted or not, the state regards all acts of murder as violent felony crimes that have no SOLs and attract harsh penalties, including lengthy incarceration sentences. As such, the government can pursue charges indefinitely. Attempted murder is defined in PC 664/187 (a) as intending to kill someone and taking a direct step to cause death, but failing in the attempt.

Statute of Limitations on Sexual Assault in California

The California Penal Code uses the term "sexual battery" in PC 243.4 to refer to sexual assault. Sexual battery describes the crime of non-consensual sexual touching of another person's intimate part for sexual arousal, gratification, or abuse. This offense is a wobbler in California, meaning it can be litigated as a felony or a misdemeanor, depending on the surrounding circumstances. A felony charge may be brought if the victim was unconscious, seriously disabled or medically incapacitated, or unlawfully restrained. Prosecutors will often pursue a misdemeanor charge if no aggravating circumstances are present.

Felony sexual assault in California usually falls under one of three SOLs, as outlined in PC 801.1, 799(b)(1)):

• Crimes involving a minor victim that can be prosecuted until the victim's 40th birthday;
• Crimes with a 10-year statute of limitations (for adult-victim felonies); or
• Crimes that have no statute of limitations

For a misdemeanor sexual assault charge, the deadline is generally a year after the alleged incident, but a 2 or 3-year limit applies for certain offenses involving minors. An example is annoying or molesting a child (PC 647.6), which has a two-year statute of limitations.

CCP § 340.16 allows victims of sexual assault to file civil claims against their attackers to recover damages, such as pain and suffering and hospital bills. The SOL for filing sexual abuse claims in California is as follows:

• Assault Occurring On or After the Plaintiff's 18th Birthday: 10 years from the incident date, or 3 years from the date the victim discovered or should have discovered an injury or illness caused by the act, whichever occurs later
• Assault Occurring to a Minor Before Their 18th Birthday: Until they turn 40 or within 5 years of finding a psychological injury resulting from the assault, whichever occurs later.

Note: Under a new law signed in October 2023—AB 452 (or the “Justice For Survivors” Act)—the state has eliminated the statute of limitations for childhood sexual assault cases occurring on or after January 1, 2024.

Civil Statute of Limitations in California

In California, individuals and other parties to a civil dispute have a limited period to seek recompense or damages from the court system. This timeframe, called the "civil statute of limitations", differs by the type of claim, as noted in the Civil Code of Procedure (CCP) and other relevant codes.

Civil lawsuit deadlines in California are triggered when the cause of action accrues unless a different limitation is prescribed by statute (CCP § 312). Once these periods lapse, one generally loses the right to sue.

However, specific circumstances, as described in CCP §§ 350-363, may shorten, suspend, or extend the SOL. For example, a contractual agreement between parties can reduce the time limit to bring a claim. Meanwhile, the SOL can toll in the following situations:

• The plaintiff is mentally incompetent or underage: The SOL is suspended for the time of disability.
• The defendant is out of state: The SOL is suspended until they return.
• The plaintiff is imprisoned: The SOL pauses for a maximum of 2 years, and only if the person is not serving a life sentence.

The table below lists the statute of limitations for some civil claims in California.

Statute of Limitations for Medical Malpractice in California

The malpractice claim deadline in California is 3 years from the injury date, or a year from the date the injured party (plaintiff) knew or should have known about the injury, whichever is earlier (CCP § 340.5). Notwithstanding, the statute provides these exceptions:

• The SOL may be extended if there is evidence of fraud, intentional concealment, or the presence of a foreign object without a therapeutic or diagnostic purpose/effect within the injured person.
• For minors, actions must be initiated within 3 years of the alleged wrongful act. If the minor is under 6 years old, the deadline is 3 years or prior to their 8th birthday, whichever provides a longer period.

CCP § 364 mandates a 90 days' notice before a person can sue a doctor or other health care provider in California.

The following table presents common cases that can trigger a claim affected by the medical malpractice statute of limitations in California.

Statute of Limitations for Debt in California

The debt statute of limitations in California dictates how long creditors have to initiate a lawsuit for debt recovery. For most consumer debts, such as unpaid credit card debt, medical bills, and student loans, this period is 4 years from the date of the breach (i.e, the date of the last payment) (CCP § 337). An exception to this rule is judgment debts, which have a 10-year statute of limitations per CCP § 337.5 (b). Specifically, the judgment SOL defines how long a debt can be collected in California after a judgment has been issued, allowing the judgment creditor up to 10 years for collection.

After the statute of limitations has run, the debt is considered "time-barred", which means creditors cannot legally sue to recover it. Nonetheless, the SOL only restricts the filing of lawsuits; it does not erase or forgive the debt. Creditors may attempt to collect the debt voluntarily through payment reminders (letters or calls), settlement offers, or payment plans. They may also notify credit reporting companies. However, it is illegal for them to threaten legal action, misrepresent the debt, or harass/abuse the debtor.

Sometimes, specific actions can reset California's debt statute of limitations, allowing creditors to file a new lawsuit. These include making payments (even partial), entering a settlement agreement, or writing an acknowledgment of the debt.

Statute of Limitations for Child Abuse and Child Support in California

The State of California does not set a statute of limitations for past-due child support. Consequently, the owed parent or the government can pursue child support enforcement until the debt is paid in full or otherwise satisfied (CCP § 291).

Conversely, the statute of limitations for child abuse, categorized into its four major types, is as follows:

Other exceptions may apply. Therefore, legal advice is recommended.