California Civil Statute of Limitations Reference Guide
In California civil litigation, missing your statutory filing deadline is fatal to your recovery. Once the statute of limitations expires, the defendant has an absolute affirmative defense, and the judge must dismiss your case with prejudice.
| Claim Cause of Action | Limitation Window | Governing California Code |
|---|---|---|
| Written Contract | 4 Years | Cal. CCP § 337 |
| Oral / Handshake Agreement | 2 Years | Cal. CCP § 339 |
| Property Damage / Auto Collision | 3 Years | Cal. CCP § 338(c) |
| Personal Injury / Negligence | 2 Years | Cal. CCP § 335.1 |
| Open Book Account / Invoices | 4 Years | Cal. CCP § 337a |
| Security Deposit Bad Faith Retention | 3 to 4 Years | Cal. Civ. Code § 1950.5 / CCP § 338 |
How to Toll or Reset the California Statute of Limitations
Under California Code of Civil Procedure § 360, a debtor can inadvertently or intentionally restart the statute of limitations from day one:
- Partial Payment: If a borrower owes \$5,000 and pays \$50 on Year 3 and Day 360, the full 4-year limitation period resets from the date of the \$50 payment.
- Written Acknowledgment: If the debtor signs a text message, email, or formal promissory note recognizing the unpaid debt, the limitation period renews.
- Absence from California (CCP § 351): When a debtor departs California after a cause of action accrues, the time of absence is generally not counted as part of the limitation period.
California Small Claims Court Rules & Limits
Under CCP § 116.221, individuals can sue in California Small Claims Court for up to \$12,500. Key procedural requirements:
- Mandatory Demand: California Judicial Council Form SC-100 specifically asks under penalty of perjury: "Have you asked the defendant to pay this money before filing?" Sending a formal demand letter satisfies this condition.
- No Attorneys: Attorneys are strictly prohibited from representing parties at the hearing, ensuring a level and inexpensive playing field.
- 10-Year Enforceability: Once granted, a California money judgment is enforceable for 10 years and can be renewed indefinitely (CCP § 683.020).