## How the limitation period applies

The controlling primary authority for US-CA breach of fiduciary duty SOL (Cal. Civ. Proc. Code § 343) is **Cal. Civ. Proc. Code § 343**.

> **Cal. Civ. Proc. Code § 343.** An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued.

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## Sources

- [Cal. Civ. Proc. Code § 343 — Cal. Civ. Proc. Code § 343](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=343)

All sources are official primary law published by `leginfo.legislature.ca.gov`.

**Corroboration method:** Single primary source from leginfo.legislature.ca.gov.


Statute of Limitations for Breach of Fiduciary Duty in California.

Statute of Limitations for Breach of Fiduciary Duty in California

Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; or an action founded upon a contract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.

Within four years: (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage.

(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.

An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. If the plaintiff is required to establish the plaintiff’s factual innocence for an underlying criminal charge as an element of the plaintiff’s claim, the action shall be commenced within two years after the plaintiff achieves postconviction exoneration in the form of a final judicial disposition of the criminal case. Except for a claim for which the plaintiff is required to establish the plaintiff’s factual innocence, the time for commencement of legal action shall not exceed four years.

340. Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation. (b) An action upon a statute for a forfeiture or penalty to the people of this state. (c) An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement, or against any person who boards or feeds an animal or fowl or who engages in the practice of veterinary medicine as defined in Section 4826 of the Business and Professions Code, for that person’s neglect resulting in injury or death to an animal or fowl in the course of boarding or feeding the animal or fowl or in the course of the practice of veterinary medicine on that animal or fowl.

In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.

335.1. Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another. (Added by Stats. 2002, Ch. 448, Sec. 2. Effective January 1, 2003.)

338. Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. (b) An action for trespass upon or injury to real property. (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.

338. Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. (b) An action for trespass upon or injury to real property.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

not later than six months after the accrual of the cause of action

If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action.

337. Within four years: (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage. (b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that if an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item. (c) An action based upon the rescission of a contract in writing. (d) When the period in which an action must be commenced under this section has run, a person shall not bring suit or initiate an arbitration or other legal proceeding to collect the debt. The period in which an action may be commenced under this section shall only be extended pursuant to Section 360.

(a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.

343. An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued. (Enacted 1872.)

337. Within four years: … (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage.

(a) There is no time limit for the commencement of any of the following actions for recovery of damages suffered as a result of childhood sexual assault: (1) An action against any person for committing an act of childhood sexual assault. (2) An action for liability against any person or entity who owed a duty of care to the plaintiff, if a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff. (3) An action for liability against any person or entity if an intentional act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff.

There is no time limit for the commencement of any of the following actions for recovery of damages suffered as a result of childhood sexual assault: (1) An action against any person for committing an act of childhood sexual assault. (2) An action for liability against any person or entity who owed a duty of care to the plaintiff, if a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff. (3) An action for liability against any person or entity if an intentional act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff.

(a) A money judgment or judgment for possession or sale of property that is made or entered under this code, including a judgment for child, family, or spousal support, is enforceable until paid in full or otherwise satisfied. (b) A judgment described in this section is exempt from any requirement that a judgment be renewed. Failure to renew a judgment described in this section has no effect on the enforceability of the judgment. (c) A judgment described in this section may be renewed pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure. An application for renewal of a judgment described in this section, whether or not payable in installments, may be filed: (1) If the judgment has not previously been renewed as to past due amounts, at any time.

prosecution for an offense punishable by imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within three years after commission of the offense.

Except as provided in subdivision (b), (c), (d), or (e), prosecution for an offense not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within one year after commission of the offense.

338. Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. (b) An action for trespass upon or injury to real property. (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property. ... (d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

338. Within three years: … (d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake

No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following: (1) Any latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property. (2) Injury to property, real or personal, arising out of any such latent deficiency.

Any action to enforce any cause of action pursuant to this chapter shall be commenced within four years after the cause of action accrued. No cause of action barred under existing law on the effective date of this section shall be revived by its enactment.

(5) A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.

California Code of Civil Procedure § 340. Within one year: (c) An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement.

(a) if the cause of action accrues on or after May 14, 1947-may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued;

California Code of Civil Procedure § 338. Within three years: (d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

(a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. If the plaintiff is required to establish the plaintiff’s factual innocence for an underlying criminal charge as an element of the plaintiff’s claim, the action shall be commenced within two years after the plaintiff achieves postconviction exoneration in the form of a final judicial disposition of the criminal case. Except for a claim for which the plaintiff is required to establish the plaintiff’s factual innocence, the time for commencement of legal action shall not exceed four years except that the period shall be tolled during the time that any of the following exist:
(1) The plaintiff has not sustained actual injury.
(2) The attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred.
(3) The attorney willfully conceals the facts constituting the wrongful act or omission when those facts are known to the attorney, except that this subdivision shall toll only the four-year limitation.
(4) The plaintiff is under a legal or physical disability that restricts the plaintiff’s ability to commence legal action.
(5) A dispute between the lawyer and client concerning fees, costs, or both is pending resolution under Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code. As used in this paragraph, “pending” means from the date a request for arbitration is filed until 30 days after receipt of notice of the award of the arbitrators, or receipt of notice that the arbitration is otherwise terminated, whichever occurs first.

340.6.
(a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first. If the plaintiff is required to establish the plaintiff’s factual innocence for an underlying criminal charge as an element of the plaintiff’s claim, the action shall be commenced within two years after the plaintiff achieves postconviction exoneration in the form of a final judicial disposition of the criminal case. Except for a claim for which the plaintiff is required to establish the plaintiff’s factual innocence, the time for commencement of legal action shall not exceed four years except that the period shall be tolled during the time that any of the following exist:
(1) The plaintiff has not sustained actual injury.
(2) The attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred.
(3) The attorney willfully conceals the facts constituting the wrongful act or omission when those facts are known to the attorney, except that this subdivision shall toll only the four-year limitation.
(4) The plaintiff is under a legal or physical disability that restricts the plaintiff’s ability to commence legal action.
(5) A dispute between the lawyer and client concerning fees, costs, or both is pending resolution under Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code. As used in this paragraph, “pending” means from the date a request for arbitration is filed until 30 days after receipt of notice of the award of the arbitrators, or receipt of notice that the arbitration is otherwise terminated, whichever occurs first.
(b) In an action based upon an instrument in writing, the effective date of which depends upon some act or event of the future, the period of limitations provided for by this section shall commence to run upon the occurrence of that act or event.

340. Within one year: … (c) An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of a forged or raised check, or a check that bears a forged or unauthorized endorsement, or against any person who boards or feeds an animal or fowl or who engages in the practice of veterinary medicine as defined in Section 4826 of the Business and Professions Code, for that person’s neglect resulting in injury or death to an animal or fowl in the course of boarding or feeding the animal or fowl or in the course of the practice of veterinary medicine on that animal or fowl

340.5. In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence.
For the purposes of this section: (1) "Health care provider" means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. "Health care provider" includes the legal representatives of a health care provider; (2) "Professional negligence" means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.

(a) Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure a debt or other obligation has earlier expired pursuant to Section 2911, the lien expires at, and is not enforceable by action for foreclosure commenced, power of sale exercised, or any other means asserted after, the later of the following times: (1) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the recorded evidence of indebtedness, 10 years after that date. (2) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is not ascertainable from the recorded evidence of indebtedness, or if there is no final maturity date or last date fixed for payment of the debt or performance of the obligation, 60 years after the date the instrument that created the security interest was recorded.

(1) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the recorded evidence of indebtedness, 10 years after that date.

Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time.

338. Within three years: … (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.
(2) The cause of action in the case of theft, as described in Section 484 of the Penal Code, of an article of historical, interpretive, scientific, or artistic significance is not deemed to have accrued until the discovery of the whereabouts of the article by the aggrieved party, the aggrieved party’s agent, or the law enforcement agency that originally investigated the theft.
(3) (A) Notwithstanding paragraphs (1) and (2), an action for the specific recovery of a work of fine art brought against a museum, gallery, auctioneer, or dealer, in the case of an unlawful taking or theft, as described in Section 484 of the Penal Code, of a work of fine art, including a taking or theft by means of fraud or duress, shall be commenced within six years of the actual discovery by the claimant or the claimant’s agent, of both of the following:
(i) The identity and the whereabouts of the work of fine art. In the case where there is a possibility of misidentification of the object of fine art in question, the identity can be satisfied by the identification of facts sufficient to determine that the work of fine art is likely to be the work of fine art that was unlawfully taken or stolen.
(ii) Information or facts that are sufficient to indicate that the claimant has a claim for a possessory interest in the work of fine art that was unlawfully taken or stolen.
(B) This paragraph shall apply to all pending and future actions commenced on or before December 31, 2017, including an action dismissed based on the expiration of statutes of limitations in effect prior to the date of enactment of this statute if the judgment in that action is not yet final or if the time for filing an appeal from a decision on that action has not expired, provided that the action concerns a work of fine art that was taken within 100 years prior to the date of enactment of this statute.
(C) For purposes of this paragraph:
(i) “Actual discovery,” notwithstanding Section 19 of the Civil Code, does not include constructive knowledge imputed by law.
(ii) “Auctioneer” means an individual who is engaged in, or who by advertising or otherwise holds the individual out as being available to engage in, the calling for, the recognition of, and the acceptance of, offers for the purchase of goods at an auction as defined in subdivision (b) of Section 1812.601 of the Civil Code.
(iii) “Dealer” means a person who holds a valid seller’s permit and who is actively and principally engaged in, or conducting the business of, selling works of fine art.
(iv) “Duress” means a threat of force, violence, danger, or retribution against an owner of the work of fine art in question, or the owner’s family member, sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act that otherwise would not have been performed or to acquiesce to an act to which the person would otherwise not have acquiesced.
(v) “Fine art” has the same meaning as defined in paragraph (1) of subdivision (d) of Section 982 of the Civil Code.
(vi) “Museum or gallery” shall include any public or private organization or foundation operating as a museum or gallery.
(4) Section 361 shall not apply to an action brought pursuant to paragraph (3).
(5) A party in an action to which paragraph (3) applies may raise all equitable and legal affirmative defenses and doctrines, including, without limitation, laches and unclean hands.
(6) Notwithstanding any other law or prior judicial decision, in any action brought by a California resident, or by an heir, trustee, assignee, or representative of the estate of a California resident, involving claims relating to title, ownership, or recovery of personal property as described in paragraph (2) or (3), or in the Holocaust Expropriated Art Recovery Act of 2016 (HEAR) (Pub. L. No. 114-308), including claims for money damages, California substantive law shall apply. This paragraph shall apply to all actions pending on the date this paragraph becomes operative or that are commenced thereafter, including any action in which the judgment is not yet final or the time for filing any appeal, including a petition for a writ of certiorari in the United States Supreme Court, has not expired, or, if filed, has not been decided

In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (b) (1) As used in this section, “sexual assault” means any of the crimes described in Section 243.4, 261, 264.1, 286, 287, or 289, or former Sections 262 and 288a, of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes. (2) For the purpose of this section, it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the sexual assault or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication. This subdivision does not limit the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged person who committed the crime. (3) This section applies to any action described in subdivision (a) that is based upon conduct that occurred on or after January 1, 2009, and is commenced on or after January 1, 2019, that would have been barred solely because the applicable statute of limitations has or had expired. Such claims are hereby revived and may be commenced until December 31, 2026. This subdivision does not revive any of the following claims: (A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2023. (B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2023.

(b) For proceedings commencing on or after January 1, 2005, no action shall be maintained to enforce any liability created under Section 25500, 25501, or 25502 (or Section 25504 or Section 25504.1 insofar as they related to those sections) unless brought before the expiration of five years after the act or transaction constituting the violation or the expiration of two years after the discovery by the plaintiff of the facts constituting the violation, whichever shall first expire.

25506.
(a) For proceedings commencing before January 1, 2005, no action shall be maintained to enforce any liability created under Section 25500, 25501, or 25502 (or Section 25504 or Section 25504.1 insofar as they related to those sections) unless brought before the expiration of four years after the act or transaction constituting the violation or the expiration of one year after the discovery by the plaintiff of the facts constituting the violation, whichever shall first expire.
(b) For proceedings commencing on or after January 1, 2005, no action shall be maintained to enforce any liability created under Section 25500, 25501, or 25502 (or Section 25504 or Section 25504.1 insofar as they related to those sections) unless brought before the expiration of five years after the act or transaction constituting the violation or the expiration of two years after the discovery by the plaintiff of the facts constituting the violation, whichever shall first expire.

A complaint alleging a violation of Section 51.9 of the Civil Code or any other violation of Article 1 (commencing with Section 12940) of Chapter 6 shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred.

338. Within three years: … (b) An action for trespass upon or injury to real property

California Code of Civil Procedure § 338. Within three years: (c) (1) An action for taking, detaining, or injuring goods or chattels, including an action for the specific recovery of personal property.

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

339. Within two years: … 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; or an action founded upon a contract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.

338. Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture.

338. Within three years: … (a) An action upon a liability created by statute, other than a penalty or forfeiture

An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. [CCP § 338(d)]; three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. [CCP § 340.5(a)]

911.2.
(a) A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Article 2 (commencing with Section 915) not later than one year after the accrual of the cause of action.
(b) For purposes of determining whether a claim was commenced within the period provided by law, the date the claim was presented to the Department of General Services is one of the following:
(1) The date the claim is submitted with a twenty-five dollar ($25) filing fee.
(2) If a fee waiver is granted, the date the claim was submitted with the affidavit requesting the fee waiver.
(3) If a fee waiver is denied, the date the claim was submitted with the affidavit requesting the fee waiver, provided the filing fee is paid to the department within 10 calendar days of the mailing of the notice of the denial of the fee waiver.
(Amended by Stats. 2016, Ch. 31, Sec. 38. (SB 836) Effective June 27, 2016.)

Under California Family Code § 4502, the period for enforcement and procedure for renewal of a judgment or order for child, family, or spousal support is governed by § 291. Section 291(a) provides that a money judgment under the Family Code, including a judgment for child support, is enforceable until paid in full or otherwise satisfied. Section 291(b) exempts such a judgment from any requirement that it be renewed and provides that failure to renew has no effect on enforceability. The practical

Under Cal. Civ. Proc. Code § 335.1, an action for assault, battery, or injury to (or death of) an individual caused by another's wrongful act or neglect must be brought within two years. This covers general PI, negligence, premises liability, product liability, slip-and-fall, dog bite, and assault/battery in California.

Under Cal. Civ. Proc. Code § 337(a), an action upon any contract, obligation, or liability founded upon a written instrument must be commenced within four years. This controls promissory notes and other written-instrument debts in California.

Under Cal. Civ. Proc. Code § 340.6(a), an action against an attorney for wrongful act or omission (other than actual fraud) must be commenced within one year after the plaintiff discovers (or reasonably should have discovered) the wrongful act, OR four years from the date of the wrongful act, whichever occurs first. Tolling applies for actual injury, continuous representation, willful concealment, disability, and fee-dispute arbitration.

Under Cal. Civ. Proc. Code § 337.15(a), no action to recover damages from a developer, designer, surveyor, planner, supervisor, tester, or constructor of an improvement to real property may be brought more than 10 years after the substantial completion of the development or improvement, for either (1) any latent deficiency in the construction or (2) injury to property arising out of such latent deficiency. Subsection (b) defines 'latent deficiency' as one not apparent by reasonable inspection.

Under Cal. Civ. Proc. Code § 340(c), an action for libel, slander, or false imprisonment must be commenced within one year. This statute explicitly enumerates libel, slander, false imprisonment, and seduction at the 1-year period.

Under Cal. Com. Code § 2725(1), an action for breach of any contract for sale must be commenced within 4 years after the cause of action accrued. Parties may shorten to not less than 1yr by agreement but may not extend.

Under Cal. Civ. Proc. Code § 338(a), an action upon a liability created by statute (other than penalty/forfeiture) must be commenced within 3 years. California wage/overtime claims under Labor Code §§ 1194, 1197, 1198 are 'liabilities created by statute' subject to this 3-year SOL.

Under Cal. Civ. Proc. Code § 340.1(a) (as amended 2023-09-13 via AB 452, effective 2024-01-01), there is no time limit for the commencement of civil actions for damages suffered as a result of childhood sexual assault — against the perpetrator, against duty-of-care defendants, or against intentional-act defendants. Applies to claims accruing on or after 2024-01-01. Claims accruing on or before 2023-12-31 are subject to the prior statute (former § 340.1 with age-40-or-5-yr-discovery limits).

Under Cal. Civ. Proc. Code § 352(a), if a person entitled to bring an action mentioned in Chapter 3 (limitations on civil actions) is, at the time the cause of action accrued, under the age of majority OR lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for commencement. Subsection (b) excludes claims against public entities/employees that require a pre-suit claim under Government Code.

Under Cal. Civ. Proc. Code § 343, an action for relief not otherwise provided for must be commenced within 4 years. California courts apply § 343 to breach of fiduciary duty (as distinct from § 338(d) 3-yr where the breach is fraud-based).

Under Cal. Bus. & Prof. Code § 17208, any UCL action must be commenced within 4 years after the cause of action accrued. No cause barred under prior law is revived by the section.

Under Cal. Gov't Code § 12960(e)(5), a FEHA complaint (alleging violations of § 51.9 of the Civil Code or Article 1 § 12940 et seq. of the Government Code — i.e., the core employment discrimination provisions) must be filed with CRD within 3 years of the unlawful practice. After right-to-sue letter, civil action must be filed within 1 year (§ 12965(c)(1)(B)).

Under Cal. Civ. Proc. Code § 340.16(a) (per AB 2777, Stats. 2022 ch. 442), a civil action for damages from adult sexual assault must be brought within the LATER of (1) 10 years from the last act of sexual assault, or (2) 3 years from when the plaintiff discovered (or reasonably should have discovered) that the injury was caused by sexual assault. AB 2777 created a separate revival window for previously-barred adult sexual-assault claims, which ran Jan 1 – Dec 31, 2023 and is now closed.

Under Cal. Fam. Code § 291, money judgments for child support, family support, or spousal support are enforceable UNTIL PAID IN FULL OR OTHERWISE SATISFIED. They are exempt from judgment-renewal requirements and have no SOL. Cal. Fam. Code § 4502 cross-references § 291 for the operative rule.

An action to recover (1) upon a book account, (2) upon an account stated based upon an account in writing (acknowledgment need not be in writing), or (3) for a balance due upon a mutual, open and current account whose items are in writing, must be commenced within 4 years. For an account stated of more than one item, the period runs from the date of the last item; for a single-item account stated, from the date of the item.

Under Cal. Civ. Proc. Code § 335.1 (added by Stats. 2002, Ch. 448, Sec. 2, effective January 1, 2003), an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another must be commenced within two years. This is the operative California SOL for civil intentional-tort claims of assault and battery against an adult plaintiff. Discovery, tolling (e.g., minority, insanity, defendant absence), and special-victim provisions (e.g., § 340.

California imposes a four-year statute of limitations on actions for breach of any contract for sale of goods, including express or implied warranty claims, pursuant to Cal. Com. Code § 2725(1) (California's enactment of UCC § 2-725). The warranty-specific accrual rule in subsection (2) is operative for breach-of-warranty plaintiffs: a cause of action ordinarily accrues 'when tender of delivery is made,' regardless of the plaintiff's lack of knowledge of the breach. However, where a warranty 'ex

Under Cal. Civ. Proc. Code § 338(d), a civil action for relief on the ground of fraud or mistake must be commenced within three years. The cause of action is not deemed to have accrued until the aggrieved party's discovery of the facts constituting the fraud or mistake (codified discovery rule).

Under Cal. Civ. Proc. Code § 340(c), a civil action for false imprisonment — which under California law encompasses false arrest as a species of false imprisonment — must be commenced within one year. The one-year clock runs from the date the unlawful restraint ends (i.e., release from confinement), not from initial detention. The same one-year period applies to libel and slander claims grouped under § 340(c).

Under Cal. Civ. Proc. Code § 340.5, a medical malpractice action (action for injury or death against a health care provider based on alleged professional negligence) must be commenced within the SHORTER of (a) three years after the date of injury, or (b) one year after the plaintiff discovered, or with reasonable diligence should have discovered, the injury. The 3-year period operates as an outer statute of repose and may be tolled only by proof of (1) fraud, (2) intentional concealment, or (3) 

Under Cal. Civ. Code § 882.020, the lien of a mortgage or deed of trust on California real property — and any action for foreclosure, exercise of a power of sale, or other enforcement — expires at the later of (1) 10 years after the final maturity date ascertainable from the recorded evidence of indebtedness, (2) 60 years after the date the instrument was recorded if no maturity date is ascertainable, or (3) 10 years after a notice of intent to preserve the security interest is recorded. The lie

Under Cal. Civ. Proc. Code § 339(1), an action upon a contract, obligation, or liability not founded upon an instrument of writing — i.e., an oral contract — must be commenced within two years, except as otherwise provided by Section 2725 of the California Commercial Code or by Cal. Civ. Proc. Code § 337(2).

Under Cal. Civ. Proc. Code § 335.1, a premises-liability slip-and-fall personal-injury action must be commenced within two years of accrual. The statute's operative language — 'Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another' — reaches all negligence-based personal-injury claims, including slip-and-fall claims arising from a landowner's or occupier's wrongful act or neglect in maintaining the prem

Under Cal. Civ. Proc. Code § 335.1 (added by Stats. 2002, Ch. 448, Sec. 2, effective January 1, 2003), a product-liability action for personal injury or wrongful death caused by a defective product must be commenced within two years. The section's operative text reaches any 'injury to, or for the death of, an individual caused by the wrongful act or neglect of another,' which California courts apply to strict products liability, negligence-based product defect, and warranty claims when the grava

Under Cal. Civ. Proc. Code § 340(c), an action for slander (spoken defamation) must be brought within one year of accrual. The same 1-year period applies to libel under the same subsection. Accrual is governed by the single-publication rule codified at Cal. Civ. Code § 3425.3.

An action for trespass upon or injury to real property must be commenced within three years, as enumerated in California Code of Civil Procedure § 338(b).

Under Cal. Civ. Proc. Code § 337(a), an action upon any contract, obligation, or liability founded upon an instrument in writing must be commenced within four years, except as provided in Section 336a, with a special three-month limit applicable to certain post-foreclosure deficiency money judgments following exercise of a power of sale.

Under Cal. Civ. Proc. Code § 335.1 (added by Stats. 2002, Ch. 448, Sec. 2, effective January 1, 2003), an action for the death of an individual caused by the wrongful act or neglect of another must be commenced within two years. The statute's operative clause expressly enumerates 'the death of, an individual caused by the wrongful act or neglect of another' alongside assault, battery, and personal injury — wrongful death is therefore governed by § 335.1 itself, not by § 340 or any shorter limita

Under California FEHA, an administrative complaint with the Civil Rights Department (formerly DFEH) alleging violations of § 12940 must be filed within three years of the unlawful practice (Gov. Code § 12960(e)(5), effective Jan. 1, 2020, as amended through Jan. 1, 2026). The continuing-violation doctrine — established by the California Supreme Court in Richards v. CH2M Hill, 26 Cal.4th 798 (2001) — permits a plaintiff to include otherwise time-barred acts in a FEHA complaint if those acts are p

Statute of limitations for invasion-of-privacy in US-CA is 2 years under Cal. Code Civ. Proc. § 335.1 (general personal injury — wrongful act or neglect). Cal. Code Civ. Proc. § 340(c) (1 year) does not expressly enumerate invasion of privacy claims.

Statute of limitations for personal injury in US-CA is 2 years under Cal. Civ. Proc. Code § 335.1.

Statute of limitations for wrongful death in US-CA is 2 years under Cal. Civ. Proc. Code § 335.1.

Statute of limitations for product liability in US-CA is 2 years under Cal. Civ. Proc. Code § 335.1.

Statute of limitations for premises liability in US-CA is 2 years under Cal. Civ. Proc. Code § 335.1.

Statute of limitations for breach oral contract in US-CA is 2 years under Cal. Civ. Proc. Code § 339(1).

Statute of limitations for government tort claim in US-CA is 6 months under Cal. Gov. Code § 911.2.

Statute of limitations for adult sexual assault rape civil in US-CA is 10 years under Cal. Civ. Proc. Code § 340.16(a).

Statute of limitations for assault and battery intentional tort in US-CA is 2 years under Cal. Civ. Proc. Code § 335.1.

Statute of limitations for intentional negligent infliction of emotional distress in US-CA is 2 years under Cal. Civ. Proc. Code § 335.1.

Statute of limitations for mortgage foreclosure in US-CA is 10 years under Cal. Civ. Code § 882.020.

Statute of limitations for unjust enrichment restitution in US-CA is 2 years under Cal. Civ. Proc. Code § 339(1).

Statute of limitations for legal malpractice in US-CA is 1 years under Cal. Civ. Proc. Code § 340.6(a).

Statute of limitations for breach written contract in US-CA is 4 years under Cal. Civ. Proc. Code § 337(a).

Statute of limitations for ucc sale of goods in US-CA is 4 years under Cal. Com. Code § 2725(1).

Statute of limitations for libel in US-CA is 1 years under Cal. Civ. Proc. Code § 340(c).

Statute of limitations for slander in US-CA is 1 years under Cal. Civ. Proc. Code § 340(c).

Statute of limitations for trespass in US-CA is 3 years under Cal. Civ. Proc. Code § 338(b).

Statute of limitations for state employment discrimination in US-CA is 3 years under Cal. Gov't Code § 12960(e)(5).

Statute of limitations for wage and hour overtime state in US-CA is 3 years under Cal. Civ. Proc. Code § 338(a).

Statute of limitations for false arrest false imprisonment in US-CA is 1 years under Cal. Civ. Proc. Code § 340(c).

Statute of limitations for construction defects in US-CA is 10 years under Cal. Civ. Proc. Code § 337.15(a).

Statute of limitations for debt on a promissory note in US-CA is 4 years under Cal. Civ. Proc. Code § 337(a).

Statute of limitations for breach of warranty in US-CA is 4 years under Cal. Com. Code § 2725(1).

Statute of limitations for consumer fraud deceptive trade practices in US-CA is 4 years under Cal. Bus. & Prof. Code § 17208.

Statute of limitations for continuing violation doctrine in US-CA is 3 years under Cal. Gov't Code § 12960(e)(5).

Statute of limitations for medical malpractice in US-CA is 3 years under Cal. Civ. Proc. Code § 340.5.

Statute of limitations for fraud in US-CA is 3 years under Cal. Civ. Proc. Code § 338(d).

Statute of limitations for property damage in US-CA is 3 years under Cal. Code Civ. Proc. § 338(b)-(c).

Statute of limitations for account stated open account in US-CA is 4 years under Cal. Civ. Proc. Code § 337(b).

In California, the statute of limitations is tolled (paused) while the plaintiff lacks legal capacity to make decisions, under Cal. Civ. Proc. Code § 352(a).

California CCP § 340.1 eliminates the statute of limitations for civil actions against perpetrators of childhood sexual assault (AB 218, eff. 2020); actions against other entities are subject to 22 years from the plaintiff's 18th birthday.

Under California Code of Civil Procedure section 338(d), an action for relief on the ground of fraud or mistake must be commenced within three years; the claim does not accrue until the aggrieved party discovers the facts constituting the fraud or mistake.

California civil actions for damages from sexual assault occurring on or after the plaintiff's 18th birthday must be commenced within 10 years of the last act, or 3 years from discovery, whichever is later, under Cal. Civ. Proc. Code § 340.16.

California childhood sexual assault claims for assaults on or after Jan 1, 2024 have no time limit under Cal. Civ. Proc. Code § 340.1; pre-2024 assaults: 22 years after majority or 5 years from discovery.

Statute of limitations for tolling mental incapacity in US-CA is 999 years under Cal. Civ. Proc. Code § 352(a).

Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing

An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first.

If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action.

An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

(d) An action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake

Statute of Limitations for Breach of Fiduciary Duty in California

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California — Statute of Limitations

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