Statute of Limitations for State Tort Claims Act — Filing Deadline in California

5 min read

Published March 22, 2026 • By DocketMath Team

This article is for informational purposes only and does not constitute legal advice. Laws change frequently — verify all citations with current official sources.

Overview

California’s tort filing deadlines depend heavily on which kind of claim you’re bringing. For many people, the “clock” starts running under California’s Code of Civil Procedure (CCP) rules that set a general limitations period for personal injury–type claims.

If you’re dealing with a claim that sounds like a State Tort Claims Act situation (i.e., a government entity is involved), the practical filing deadline you need to track is often governed by the general statute of limitations for personal injury claims—commonly the two-year rule in CCP §335.1—along with any specific procedural requirements that can affect when the deadline applies.

Note: A limitations period is not the same thing as a separate procedural precondition (like a claim-presentation step). Missing a precondition can still prevent a lawsuit, even if the limitations period hasn’t yet run.

This page explains the California limitations period you can use as the baseline for tort-style claims and shows how to calculate the deadline using DocketMath.

Limitation period

The baseline rule: two years

In California, the general limitations period for many personal injury claims is:

2 years from the date the claim accrues (typically tied to when the injury occurs or is discovered, depending on the claim type).

For the tort-style filing deadline described in this guide, the relevant statute is CCP §335.1, which sets a two-year term.

How the date changes the result

The deadline output in the calculator typically depends on a few inputs:

Accrual date (or incident date): the starting point for the limitations period
Claim type (mapped to the correct statute): ensures the correct limitations term is used
Whether an exception applies: some situations can alter the effective start or end date

Use the sections below to match your facts to the correct statutory rule before you run the calculation.

Key exceptions

California statutes often contain exceptions that can change the limitations timeline. Based on the provided sub-rules for the relevant code sections, two recurring “two-year” pathways appear:

Exception A1 — CCP §335.1 (2 years)

For claims that fall under CCP §335.1, the limitations period is two years.

Rule: CCP §335.1 — 2 years
Exception label: A1
Practical impact: Your filing deadline is generally two years from accrual, subject to any exception that affects the start date.

Exception M6 — CCP §339(1) (2 years)

A second path also shows a two-year rule under CCP §339(1):

Rule: CCP §339(1) — 2 years
Exception label: M6
Practical impact: The claim may still require you to file within two years, but the statute you rely on (and how accrual is treated) may differ.

Pitfall: People sometimes “pick” the right number of years (like 2 years) but map the claim to the wrong code section. If the claim is actually governed by a different statute—even with the same duration—the accrual and exception framework can still be different.

When to treat the exception as potentially relevant

Consider running the calculator with the exception in mind if your situation involves factors like:

a dispute over the accrual date
a classification issue about whether the claim fits CCP §335.1 or **CCP §339(1)
evidence that the law should apply a different accrual rule than the one you assumed

Because the goal is deadline accuracy, DocketMath is designed to help you consistently apply the statute mapping and exception selection you choose.

Statute citation

Use these citations as your legal anchors for California tort limitations timing:

CCP §335.1 — 2 years
- Sub-rule: CCP §335.1 — 2 years — exception A1
CCP §339(1) — 2 years
- Sub-rule: CCP §339(1) — 2 years — exception M6

These are the time-bar provisions that drive the “end date” for many personal injury–type lawsuits in California.

Use the calculator

DocketMath can translate the statute rules into a concrete filing deadline. Start by matching your case to the applicable statute and inputting the correct date.

Suggested inputs

In DocketMath /tools/statute-of-limitations, you’ll typically provide:

Jurisdiction: US-CA
Statute selection: choose CCP §335.1 (or CCP §339(1) if that mapping applies)
Accrual/incident date (the starting point)
Exception selection:
- A1 for CCP §335.1
- M6 for **CCP §339(1)

What changes the output

Here’s how the deadline can move based on your selections:

Input you change	Typical effect on deadline
Switch statute from CCP §335.1 to CCP §339(1)	Deadline stays “2 years” in this brief, but accrual handling may change
Change the accrual date	Deadline shifts exactly by the time between the two accrual dates
Select a different exception mapping	The calculator may adjust how it interprets start/end timing rules

Quick decision checklist (practical)

Before you calculate, check the following:

Warning: If you’re dealing with government-related tort claims, there can be separate procedural deadlines in addition to the statute of limitations. DocketMath helps you compute the civil limitations deadline, but it won’t replace a review of any required claim-presentation steps.

Run it

To compute your California tort limitations filing deadline with DocketMath, use:

/tools/statute-of-limitations

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