Overview

California’s default statute of limitations for assault and battery claims is 2 years under CCP § 335.1. That rule applies to intentional tort claims unless a narrower, claim-specific rule controls, and for assault and battery in California no separate sub-rule was identified for this reference page.

For readers using this page as a quick reference: assault and battery are commonly pleaded as intentional torts in civil cases, and the filing deadline is usually measured from the date the injury or offensive contact occurred. Once that 2-year period expires, the claim is typically time-barred in California courts.

A practical way to think about the deadline:

• Assault: generally tied to the threatened harmful or offensive contact
• Battery: generally tied to the actual harmful or offensive contact
• Default deadline: 2 years
• Statute: CCP § 335.1

If you need a quick deadline estimate, use DocketMath’s statute of limitations tool to calculate the filing window from the incident date.

Limitation period

The general California filing deadline for assault and battery is 2 years from the date the claim accrues. Under CCP § 335.1, civil actions for injury to a person caused by the wrongful act or neglect of another must be filed within 2 years.

For assault and battery, that usually means the clock starts on the date of the incident, not when a claimant later decides to file, negotiates with an insurer, or finishes medical treatment. The key practical issue is identifying the accrual date accurately.

What the 2-year period means in practice

Common timeline example

If an assault and battery occurred on April 10, 2024, the general deadline under CCP § 335.1 would be April 10, 2026.

That calculation changes only if an exception applies. Otherwise, filing on April 11, 2026 is typically too late.

How DocketMath helps

DocketMath’s statute-of-limitations calculator is built for fast deadline checks:

• enter the incident date
• select the jurisdiction: California
• review the 2-year filing deadline
• check whether any special facts may change the result

That makes the tool useful for early screening, intake workflows, and deadline triage when a file first comes in.

Key exceptions

California assault and battery claims can be extended, delayed, or otherwise affected by specific tolling rules, but the default period remains 2 years under CCP § 335.1. Because no claim-type-specific sub-rule was identified here, the general period is the starting point unless an exception applies.

Several exception categories commonly matter in deadline analysis:

1) Minor plaintiffs

When the injured person is a minor, California tolling rules may delay the running of the limitations period until the disability ends, subject to statutory limits and case-specific rules. That means a child’s claim may not follow the same calendar as an adult’s claim.

2) Legal disability

If the claimant lacked legal capacity during part of the limitations period, tolling may apply while the disability exists. Capacity issues can change the deadline materially, especially in cases involving conservatorships or incapacity at the time of the incident.

3) Defendant absence or concealment

If the defendant was outside California or otherwise unavailable in a way that triggers tolling principles, the clock may stop running for that period. The result depends on the statutory setup and the facts establishing the absence.

4) Government-related claims

A claim involving a public entity is not analyzed under the same simple private-party timeline. Government claims in California often require an administrative claim first, and those procedures can affect the overall filing schedule even before a civil complaint is filed.

5) Rule differences for related claims

Sometimes the pleaded case includes more than assault or battery. Separate claims like negligence, false imprisonment, or intentional infliction of emotional distress may have different accrual arguments or procedural requirements. The assault and battery deadline should still be analyzed on its own.

Deadline checklist

Statute citation

The controlling California statute here is CCP § 335.1, which provides a 2-year limitations period for injury-based personal actions. For assault and battery, that is the general/default rule on this reference page.

Citation details

Why this citation matters

CCP § 335.1 is the key authority for civil claims involving injury to a person. In practical terms, assault and battery claims usually fall within that two-year window because they are injury-based intentional tort claims.

For reference-page use, the clean rule is straightforward:

• Statute: CCP § 335.1
• Deadline: 2 years
• Default application: assault and battery in California, absent a specific exception

If you are building a deadline workflow, this is the citation to anchor the calculator output to the legal rule.

Use the calculator

Use DocketMath’s statute-of-limitations calculator to turn the 2-year California rule into a specific filing deadline. The calculator is most useful when the incident date is known and you want a fast, defensible cutoff date for intake or case review.

Inputs to enter

What the output means

The output gives you the deadline date based on the selected inputs. If the facts show a tolling issue, the output may change materially. If there is no tolling, the calculator should reflect the straightforward 2-year deadline from the incident date.

Best use cases

• early case screening
• client intake
• claims review
• deadline confirmation before filing
• comparing multiple possible accrual dates

A practical workflow looks like this:

1. confirm the incident date
2. enter California as the jurisdiction
3. run the calculation
4. compare the output against any known tolling issue
5. document the result in the file

That sequence helps avoid preventable deadline errors when a tort claim moves from intake to filing.

Related reading

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Sources and references

Start with the primary authority for California and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• Cal. Code Civ. Proc. § 335

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator