San Diego Statute of Limitations

by Vikas Bajaj

The statutes of limitations vary from state to state, across the nation. Statutes of limitations set the amount of time a person has to file a lawsuit, whether criminal or civil.

Statutes of limitations are put into place to prevent lawsuits from hanging over defendants’ heads, as well as to protect plaintiffs or defendants from having evidence disappear over time or having witnesses move away, die or forget exactly what happened. Statutes are also meant to help maintain efficiency in criminal and civil courtrooms.

It is important to note that the California statutes for bringing a lawsuit do not begin until the offense is discovered or should have been discovered. This is more applicable to some types of cases than others.

As an example, when a person is implanted with a medical device, they may not realize injuries they sustain are related to the device until the device is recalled, or until information regarding adverse health effects comes to light. For this reason, the statute of limitations for product liability cases generally specify that the statute begins when an injury is discovered or should have been discovered.

Civil Statutes of Limitations in the State of California

Following are some of the civil statutes of limitations in the state of California:

• Under California Civil Procedures, Section 335.1, there is a two-year statute of limitations for personal injury;
• Under California Civil Procedures, Section 340(c), there is a one-year statute of limitations for false imprisonment;
• Under California Civil Procedures, Section 340(c), there is a one-year statute of limitations for libel and slander;
• Under California Civil Procedures, Section 338(d), there is a three-year statute of limitations for fraud;
• Under California Civil Procedures, Section 340.6, there is a three-year statute of limitations for damage to personal property;
• Under California Civil Procedures, Section 340.6, there is a one-year statute of limitations for legal malpractice from the time of discovery, with a maximum of four years from the wrong;
• Under California Civil Procedures, Section 340.5, there is a one-year statute of limitations for medical malpractice from the time of discovery, or three years from the time the injury is known;
• Under California Civil Procedures, Section 340(c), there is a one-year statute of limitations for veterinarian malpractice for injury or death of an animal;
• Under California Civil Procedures, Section 338(b), there is a three-year statute of limitations for trespass;
• Under California Civil Procedures, Section 337.2, there is a four-year statute of limitations for collection of rents;
• Under California Civil Procedures, Section 337, there is a four-year statute of limitations for breach of written contracts and under Section 339, a two-year statute of limitations for breach of oral contracts;
• Under California Civil Procedures, Section 337, there is a four-year statute of limitations on collection of debt on account, and
• Under California Civil Procedures, Section 337.5, there is a 10-year statute of limitations on judgments.

Specific California Exceptions to the Statutes of Limitations

San Diego, and the entire state of California, has additional exceptions to the statutes of limitations which have been set, including:

• If the defendant is out of state following the commission of the crime, the statutes of limitations may be extended up to a maximum time of three years.
• In civil product liability cases, medical malpractice cases and certain criminal offenses, the statute of limitations will not begin until the offense/injury has been discovered or should have reasonably been discovered.
• In a case involving procurement of a forged or otherwise false document with the intention of recording the document in a public office, offering a forged or otherwise false document for recording in a public office, or using another person’s personal information for an unlawful purpose, the statutes may not begin to run until the offense is discovered.
• Regarding certain misdemeanors related to contractor and/or licensing violations, the specified statutes range from one to four years.
• When attorney work product claim or evidentiary privilege keep evidence from a prosecuting authority, the statutes are halted until the evidence has been disclosed.

Governmental Lawsuits

Claims filed against a governmental agency have a different set of statutes. Usually, you only have six months from the date of the incident in which to file a claim with the governmental entity, although in some cases the deadline can be one year from the date of the incident. If your claim is denied, then you may file a lawsuit under the normal statutes of limitations in a California court.

If you are contemplating filing a civil lawsuit in the state of California, it is important to contact a knowledgeable San Diego attorney, as the statutes can be fairly complex.