"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:
- The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
- Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)
Below are the statutes of limitations in California for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at anytime, so be sure to check the current laws and read them carefully, or talk to an attorney if you have any questions.
Civil
Note: Most of the California civil statute of limitations are in Part 2 of the California Code of Civil Procedure. To see the code sections listed below, scroll through the page provided. Also, you can scroll through the laws in Part 2 to find the statute of limitations for civil claims or "causes of action" not listed below.
Description |
Statute
|
Assault and Battery, 2 year |
Cal. Civ. Proc. Code § 335.1 |
Contract (in writing), 4 years |
Cal. Civ. Proc. Code § 337 |
Contract (oral or not in writing), 2 years |
Cal. Civ. Proc. Code § 339 |
False Imprisonment, 1 year |
Cal. Civ. Proc. Code § 340 |
Fraud, 3 years |
Cal. Civ. Proc. Code § 338 |
Enforcing Court Judgments, 10 years |
Cal. Civ. Proc. Code § 337.5 |
Legal Malpractice, 1 year |
Cal. Civ. Proc. Code § 340.6 |
Libel, 1 year |
Cal. Civ. Proc. Code § 340 |
Medical Malpractice, 1 or 3 years (Depending on when the victim "discovers" the injury) |
Cal. Civ. Proc. Code § 340.5 |
Personal Injury, 2 years |
Cal. Civ. Proc. Code § 335.1 |
Product Liability, 2 years |
Cal. Civ. Proc. Code § 335.1 |
Property Damage, 3 years |
Cal. Civ. Proc. Code § 338 |
Slander, 1 year |
Cal. Civ. Proc. Code § 340 |
Trespass, 3 years |
Cal. Civ. Proc. Code § 338 |
Wrongful Death, 2 years |
Cal. Civ. Proc. Code § 335.1 |
Criminal
Note: The California criminal statutes of limitations are in Cal. Pen. Code §§ 799 through 805. Below, you need to scroll through the page provided to get to the code sections noted. Also, you can scroll through the laws in Part 1 of the Penal Code to find various crimes, and then use §§ 799-805 to determine which statute of limitations applies to a crime not listed below.
Description |
Statute
|
Arson, 1 or 3 three years (Depending on the type and value of the property burned) |
Cal. Pen. Code § 801, 802(a) |
Assault and Battery, 1 year |
Cal. Pen. Code § 802(a) |
Burglary, 3 or 6 years (Depending on the facts of the case) |
Cal. Pen. Code § 800, 801 |
Disorderly Conduct, 1 year |
Cal. Pen. Code § 802(a) |
Kidnapping, 3 or 6 years (Depending on the facts of the case) |
Cal. Pen. Code § 800, 801 |
Manslaughter, voluntary, 3 years |
Cal. Pen. Code § 801 |
Manslaughter, involuntary, 3 years |
Cal. Pen. Code § 801 |
Murder, first degree No time limit |
Cal. Pen. Code § 799 |
Murder, second degree, 6 years |
Cal. Pen. Code § 800 |
Rape, 3 or 6 years (Depending on the facts of the case) |
Cal. Pen. Code § 800, 801 |
Receiving Stolen Property, 1 or 3 years (Depending on the value of the property) |
Cal. Pen. Code § 801, 802(a) |
Robbery, 3 or 6 years (Depending on the facts of the case) |
Cal. Pen. Code § 800, 801 |
Theft, 1 or 3 years (Depending on the value of the property taken) |
Cal. Pen. Code § 801, 802(a) |