California Statute of Limitations

The statute of limitations sets forth the time limit an individual or company has to file a lawsuit from the date of wrongdoing.  The length of time a party has to file a lawsuit from the date of wrongdoing depends on the nature of the lawsuit, e.g. personal injury, breach of contract, etc.   Below are the current California statute of limitations for the most common types of lawsuits.

Personal Injury – 2 years to file from the date of injury.

False Imprisonment –1 year from the date of the illegal detainment.

Medical Malpractice – 1 year from when patient discovers injury or through reasonable diligence should have discovered the injury or 3 years from date of injury, whichever occurs first.

Legal Malpractice – 1 year from the discovery of the malpractice or a maximum of 4 years from the date of malpractice.

Property Damage – 3 years from the date that the property was damaged.

Wrongful Termination – A claim must first be filed with either the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission within 1 year from the date of termination.  Once filed, the lawsuit must be filed within one year that a “Right to Sue” notice is issued.

Workplace Harassment and/or Discrimination – A claim must first be filed with either the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission within 1 year from the date of termination.  Once filed, the lawsuit must be filed within one year that a “Right to Sue” notice is issued.

Breach of Written Contract – 4 years to file from date of breach.

Breach of Oral Contract – 2 year to file from the date of breach.

Fraud or Mistake – 3 year from the date that the aggrieved party discovers the facts constituting fraud or mistake.

Libel or Slander – 1 year from the date that the false statement was made.

Judgments – A judgment is enforceable for 10 year at which time it may be renewed for another 10 years if not satisfied.

Trespass – 3 years from the date of illegal entry onto property.

If you have any questions about whether you still have time to pursue a lawsuit, contact the attorneys at The Rinka Law Firm, ph. 310-556-9653.

Ratings and Reviews