What are California's statutes of limitations for civil claims?

I can help, but a statute-of-limitations analysis turns on the claim type, accrual date, discovery date, defendant identity, and any tolling facts. In California, for example, the basic deadlines are often 2 years for personal injury, 4 years for a written contract, 2 years for an oral contract, 3 years for property damage, and medical malpractice is generally 1 year from discovery or 3 years from injury, whichever occurs first.[2][3][5][6][7]

What I Need to Answer Precisely

Please provide these facts:

1. What type of claim is it?

   • Personal injury
   • Written contract
   • Oral contract
   • Property damage
   • Fraud
   • Medical malpractice
   • Claim against a government entity
   • Something else

2. Key dates

   • Date of the act/breach/injury
   • Date you discovered the problem
   • Date any prior claim, grievance, or administrative proceeding was filed and resolved

3. Who is the defendant?

   • Private person/company
   • Doctor/hospital
   • State/city/county/public employee

4. Any tolling facts

   • Minor status
   • Fraud or concealment
   • Prior administrative claim
   • Prior lawsuit or class action
   • COVID-era timing
   • Time spent pursuing another remedy

California Baseline Deadlines

Important Accrual Rules

1. Discovery rule

California generally applies a discovery rule in some contexts: the clock can begin when the plaintiff discovers or should have discovered the injury and its wrongful cause, not necessarily on the date of the underlying act.[2][3][4][6]

Under California law, the limitations period begins when the plaintiff “suspects or should suspect that her injury was caused by wrongdoing.” Jolly v. Eli Lilly & Co., 44 Cal. 3d 1103 (1988).[4]

That means a plaintiff does not need complete proof before the statute starts; suspicion of wrongdoing can be enough to trigger a duty to investigate. Jolly v. Eli Lilly & Co., 44 Cal. 3d 1103 (1988).[4]

2. Medical malpractice is stricter

For professional-negligence claims against health care providers, California uses the specific rule in Cal. Civ. Proc. Code § 340.5: suit must be filed within one year after discovery or three years after injury, whichever comes first, subject to limited tolling for fraud, intentional concealment, or a nontherapeutic foreign body.[3]

“In no event shall the time for commencement of legal action exceed three years” except for the specific tolling categories listed in the statute. Cal. Civ. Proc. Code § 340.5.[3]

California authority also indicates that equitable tolling is not available to extend the 3-year outside period in medical-malpractice cases, because the statutory tolling provisions are treated as exclusive for that repose period. Belton v. Bowers Ambulance Serv., 20 Cal. 4th 928 (1999).[1]

Tolling Issues That May Matter

Equitable tolling

California recognizes equitable tolling as a judicial doctrine meant to avoid forfeiture where the defendant had timely notice and would not be prejudiced.[1]

The standard California formulation requires facts showing:

• timely notice to the defendant,
• lack of prejudice because the facts and investigation overlap, and
• reasonable and good-faith conduct by the plaintiff.[1]

This doctrine often comes up when the plaintiff first pursues another remedy, such as an administrative process.[1]

But equitable tolling has limits

California materials specifically note that equitable tolling is not available for legal-malpractice claims governed by Cal. Civ. Proc. Code § 340.6, and is not available to extend the 3-year outside limit in medical-malpractice claims under Cal. Civ. Proc. Code § 340.5.[1]

Prior class action or legal uncertainty usually does not save a late claim

California has rejected the idea that a plaintiff can wait simply because the law was unsettled or because a related class case was pending in circumstances like those addressed in Jolly v. Eli Lilly & Co., 44 Cal. 3d 1103 (1988).[4]

If You Want a Real Limitations Analysis

Send me this in one line:

Claim type; state; injury/breach date; discovery date; defendant type; any prior claim/grievance/lawsuit; current filing date.

Example:

“California written contract claim; breach on 3/1/2021; discovered immediately; private defendant; no tolling facts; want to file now.”

With those facts, I can give you a date-specific limitations analysis, including accrual, tolling, and any obvious defenses.