Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

CALIFORNIA

Negligence / Personal Injury

2 year with Discovery Rule.

Wrongful Death

2 years
Exceptions: Death from exposure to asbestos or medical malpractice.

Medical Malpractice

3 Years from date of injury or 1 year from date of discovery, whichever occurs first except for foreign objects where SOL runs from when object is, or should have been, discovered.  Infants under 6 have 3 years maximum, or prior to age 8, to commence actions (unless tolled by fraud or collusion of parent or guardian and defendant’s insurer or health care provider in failure to bring action for minor as a result of professional negligence).  SOL tolled for fraud or intentional concealment of presence of non-therapeutic, non-diagnostic foreign body in person of plaintiff. This 3 year SOL is an exception to the 1 year wrongful death statute. 5 Year SOL in elder abuse cases.

Caps:
$250,000 limit for non-economic damages.

Malpractice (Other Professions)

1 year

For legal malpractice SOL is 1 year with discovery rule, or 4 years from wrongful act, whichever occurs first, except in cases of fraud.

Products Liability

2 years with Discovery Rule.

Intentional Torts

1 year for libel, slander, false imprisonment, seduction of one below the age of consent.

2 years for assault and battery.

Fraud

3 years for relief on ground of fraud or mistake. Cause of action not deemed to have accrued until discovery of facts by aggrieved party.

Municipal Liability/Sovereign Immunity

6 months.  Runs from date of notice of claim is served on entity. Doctrine of sovereign immunity abrogated.

Discovery Rule

See specific rules for medical malpractice, legal malpractice. Otherwise SOL runs from when injury is, or should have been discovered.

Comparative Negligence

Pure comparative negligence applies.

Charitable Immunity

No charitable immunity.

Disabilities

For infancy, insanity, incompetence, and imprisonment SOL does not run until disability ceases except in case of action for damages relating to conditions of confinement, action against public entity or employee on cause of action for which claim is required under government or in case of claim under uninsured motorist clause of automobile policy. 2 years from end of disability. If plaintiff dies, SOL extended by 6 months, if defendant dies, SOL extended by 1 year.

Punitive Damages

Must be proven by clear and convincing evidence of oppression, fraud, or malice. Employer not liable for employee’s acts except in specified circumstances.

Toll

Defendant’s absence from state, except in motor vehicle accident where defendant can be served with summons and complaint outside of the state unless defendant cannot be located through exercise of reasonable diligence.

No-Fault Insurance

None

Other Relevant Information

Civil Action for Sexual Molestation of a Minor:
By any person or entity with duty of care to the plaintiff – 3 years after discovered (or should have been discovered) for  injury or illness, or within 8 years of majority, whichever is later. Prosecution of certain sexual offenses committed when victim under 18 may be commenced anytime prior to victims 28th birthday.

Sex Discrimination Action for Wages:
2 years but 3 years if the violation was willful.

Sexual Abuse by Doctors, Surgeons, Psychotherapists, counselors, and other Health Care Professionals:
2 years

Actions Not Provided For:
4 Years after action accrues.

Injuries Caused by Domestic Violence:
3 years from injury, 2 years from discovery, whichever is longer.

Note

In cases involving developers, design professionals, contractors, and their insurers the California Court of Appeals has determined that Code of Civil Procedure §337.15 10-year cutoff of suits for latent defects may be extended if the contractor that performed the defective work attempts repairs.

Consumer Fraud Complaint

California Department of Consumer Affairs
http://www.dca.ca.gov/
(916)445-1254
(800)952-5210 (toll-free in California)