Statute of Limitations for False Arrest / False Imprisonment in California

5 min read

Published April 8, 2026 • By DocketMath Team

Overview

In California, claims for false arrest / false imprisonment generally have a 2-year statute of limitations under California Code of Civil Procedure (CCP) §335.1.

Run this scenario in DocketMath using the Statute Of Limitations calculator.

If you’re asking, “How long do I have to sue after an unlawful arrest or detention?”, the default answer is: 2 years from the date the cause of action accrues. This page covers the general rule. No claim-type-specific sub-rule was found that would replace the general default period for false arrest/false imprisonment beyond what’s explained below.

Note: This is a reference overview, not legal advice. Timelines can be affected by case-specific facts (for example, the exact accrual date), and different rules may apply in cases involving government entities.

Limitation period

California’s general civil statute of limitations is 2 years for many claims, including claims commonly framed around personal injury–type damages.

The general/default period (what you should expect)

  • General SOL period: 2 years
  • General statute: CCP §335.1
  • Claim types covered here: This is the default period for false arrest / false imprisonment unless a different, more specific rule governs your situation.

What “2 years” usually means in practice

The key is not just the number of years—it’s the start date (often called the accrual date). Courts generally look at when the plaintiff could first bring the claim. For false arrest/false imprisonment, this commonly turns on when the detention/arrest ended or when the alleged unlawful conduct concluded.

Because you’re building your timeline from accrual, even small differences can matter. For example:

ScenarioAccrual date (example)Latest filing date (2 years later)
Detention ends on June 1, 2023June 1, 2023June 1, 2025
Detention ends on June 20, 2023June 20, 2023June 20, 2025

These are illustrations to show how the calculation works; your exact accrual date depends on the facts.

Key exceptions

Even when the baseline is 2 years, California SOL timing can change because of tolling, accrual timing, or government entity procedural requirements.

Common categories that can change the timeline

  • Tolling (pause/extension): Certain statutory circumstances can pause or extend the limitations period.
  • Accrual timing: The claim may not accrue on the arrest/detention date if the legal trigger occurs later.
  • Government entities: If your lawsuit is against a city, county, or other public entity, there are often notice requirements and potentially different timing rules. These steps can function independently of (and effectively shorten or reshape) what a “2 years from arrest day” approach would suggest.

Warning: If the defendant is a public entity (for example, a city or county), don’t rely only on the general two-year rule. You may need to follow additional administrative deadlines and procedures.

Checklist: quick questions to verify your timeline inputs

Use these questions to confirm you’re applying the general rule correctly:

If your answers point to tolling, different accrual timing, or a public-entity scenario, the deadline may not be captured by a simple “2 years from arrest/detention end date” calculation.

Statute citation

The general/default statute of limitations relevant here is:

  • 2 years — CCP §335.1 (general civil statute of limitations period for many personal injury–type actions)

This page uses CCP §335.1 as the baseline for calculating the deadline in California for false arrest/false imprisonment under the default rule.

Source used for the general SOL period:
https://www.alllaw.com/articles/nolo/personal-injury/laws-california.html

Use the calculator

To translate CCP §335.1’s 2-year period into a concrete filing deadline, use DocketMath’s statute-of-limitations calculator.

  1. Open the tool: /tools/statute-of-limitations
  2. Choose:
    • Jurisdiction: **US-CA (California)
  3. Enter your timing inputs:
    • Typically the key event date you believe controls accrual (often the date the detention/arrest ended, or another date when the claim could first be filed).

DocketMath will calculate:

  • The 2-year deadline using the CCP §335.1 general period for this jurisdiction.

How inputs change the output

  • If you enter an earlier accrual date, the calculated deadline moves earlier.
  • If you enter a later accrual date, the calculated deadline moves later.

Pitfall: Don’t calculate from the date you learned about the issue, or from a criminal-case event (like charging, acquittal, or dismissal). For SOL timing, the relevant date is generally when the claim could first be filed—i.e., the accrual date.

Practical workflow (fast and actionable)

  • Identify the best-supported end of the alleged unlawful detention (or your best estimate of the accrual date).
  • Run that date in DocketMath.
  • Then ask one final timing question:
    • Is there any public-entity involvement or any tolling/exception that could change timing?

If yes, consider re-checking the inputs and whether a more specific rule or procedure applies.

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