California Statute of Limitations Calculator

California Statute of Limitations by Claim Type

California law sets specific time limits for filing different types of claims, and these deadlines are strictly enforced. For written contracts, you have four years from the date of the breach to file your claim under Code of Civil Procedure Section 337. Oral contracts have a shorter window of two years under Section 339. Personal injury claims must be filed within two years of the date of injury per Section 335.1, while property damage claims also carry a three-year deadline under Section 338. Fraud-based claims have a three-year statute of limitations, but the clock starts from the date you discovered or should have discovered the fraud, not necessarily when it occurred.

Security deposit disputes, one of the most common small claims cases in California, must be filed within two years for claims based on an oral rental agreement or four years if there is a written lease. Claims against government entities have much shorter deadlines - you must file an administrative claim with the government agency within six months of the incident, and if the claim is denied, you have an additional six months to file a court case. Debt collection claims based on credit card agreements or promissory notes are generally subject to the four-year written contract statute of limitations.

How Tolling and Exceptions Affect Your Deadline

In certain circumstances, the statute of limitations may be paused or "tolled" in California. If the defendant leaves the state after the cause of action arises, the time they are absent does not count toward the limitation period under Code of Civil Procedure Section 351. If the plaintiff is a minor or lacks legal capacity at the time of the incident, the statute of limitations may be tolled until the disability is removed. The discovery rule can also extend deadlines in cases where the harm was not immediately apparent, such as latent defects in construction or undiscovered fraud. However, these exceptions are narrow and must be specifically proven. The safest approach is always to file your claim as soon as you are aware of the dispute, well before any deadline approaches. Waiting until the last moment risks dismissal if there is a filing error or if the court requires additional documentation before accepting your case.

Practical Steps to Protect Your Right to Sue in California

Understanding statute of limitations deadlines is only useful if you take concrete steps to protect your right to file a claim before time runs out. The single most important step is to document the date of the incident or breach as soon as it occurs. Write down the exact date, what happened, and the names of anyone involved. Take photographs or screenshots of any evidence that might change or disappear over time, such as property damage, defective products, or online communications. If the dispute involves a verbal agreement, send a follow-up email or text to the other party summarizing what was agreed upon, which creates a written record you can reference later.

Set calendar reminders well in advance of your filing deadline. If you have a two-year statute of limitations, set reminders at the one-year mark, the eighteen-month mark, and the twenty-two-month mark. This gives you adequate time to attempt resolution, send a demand letter, and file your claim if necessary. Many people lose their right to sue not because they forget about the deadline entirely, but because they underestimate how quickly time passes while they are trying to negotiate or waiting for the other party to respond. Do not let ongoing negotiations lull you into missing your filing window - the statute of limitations continues to run even if the parties are actively discussing a settlement.

If you are approaching your deadline and are not ready to file, consider filing your claim anyway and continuing to negotiate afterward. California small claims cases can be dismissed voluntarily if you reach a settlement before the hearing, and you can always request a continuance if you need additional time to prepare. Filing preserves your legal rights while keeping all options open. The filing fee is a small price to pay compared to permanently losing the right to pursue a valid claim. PettyLawsuit can help you file quickly when time is running short - our guided process takes approximately five minutes and ensures all required information is included on your SC-100 form so the court accepts your filing on the first attempt.