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Statute of Limitations is the deadline, by law, that you have to file a lawsuit against someone. Each cause of action has a different statue of limitation. Here are a few examples of common causes of action and their statute of limitations.
| Causes of Action | Statute of Limitations | Source |
| Personal Injury | 2 years from the date of the injury. If not immediately discovered, then the Statute of Limitations is 1 year from the discovery of the injury. | California Code of Civil Procedure section 335.1 |
| Breach of Written Contract | 4 Years | California Code of Civil Procedure section 337 & section 2725 (for the sale of goods) |
| Breach of Oral Contract | 2 Years | California Code of Civil Procedure section 339 |
| Property Damage | 3 Years | California Code of Civil Procedure section 338 |
| Fraud | 3 Years | California Code of Civil Procedure section 338(d) |
| Trespass | 3 Years | California Code of Civil Procedure section 338(b) |
| Libel or Slander | 1 Year | California Code of Civil Procedure section 340(c) |
Regarding Statute of Limitations, there are a few terms that you should be aware of: Tolling and Equitable Tolling.
Tolling is the temporary suspension of the running of Statute of Limitations that can occur depending on certain circumstances. The exceptions that toll (stop) the time of the Statute of Limitations are created by statutes.
Equitable Tolling is the same as tolling (above), but the difference is a judge decides whether the statute of limitations should be tolled (stopped), rather than a statute.
There are various reasons why a statute or judge will allow the statute of limitations to be temporarily suspended. Some examples are:
The statute of limitations is reinstated once the reason for tolling has ended, for example:
For additional resources regarding the Statue of Limitations for a cause of action, please visit:
California Courts.gov - Statute of Limitations
California Court.gov - Deadlines to Sue Someone
Rutter Group - California Practice Guide: Personal Injury - KFC 1028.PF52 - Ch. 5B (also available on Westlaw)
Rutter Group - California Practice Guide: Civil Procedure Before Trial - Statutes of Limitations - KFC995.R95 (also available on Westlaw)
California Causes of Action - KFC1003.C35 - Chapter 19 (also available in Westlaw)
California Pretrial Practice & Forms - KFC995.K86. Chapter 3